CHITRA Vs. GUNASEKARAN

JUDGEMENT

(1.) THIS Revision is filed under Sections 397 read with 401 Cr.P.C., is directed against the order passed by the lower appellate court in Criminal Revision Petition No. 16 of 2009 dated 16.02.2010 on the file of learned Principal Sessions Judge, Villupuram in setting aside the order dated 09.10.2009 passed in M.C. No. 2 of 2007 on the file of Chief Judicial Magistrate, Villupuram.

(2.) THE petitioners are the wife and minor child of the respondent. The petitioners filed a petition for maintenance under Section 125 Cr.P.C., in M.C. No. 2/2007 claiming maintenance at the rate of Rs. 20,000/ - for the purpose of house rent and other expenses.

(3.) THE trial court considered the submissions made on either side and after referring to the decision of this Court in Crl.R.C. No. 1102 of 2006 dated 17.06.2009 in the case of Subban @ Subramani Vs. Kaliyammal held that in maintenance proceedings, preponderance of probabilities would govern the adjudication and not proof beyond reasonable doubt. After considering the fact that an amount of Rs. 1,000/ - had already been granted in the divorce proceedings as interim maintenance, the trial court directed Rs. 1,000/ - to be paid for the first petitioner and Rs. 800/ - for the second petitioner. Aggrieved by the same, the respondent preferred revision before the lower appellate court. The lower appellate court set aside the order passed by the lower court solely on the ground that the petitioner is not entitled to maintain the application under Section 125 of Cr.P.C., since she is receiving interim maintenance in H.M.O.P., proceedings.