LAWS(MAD)-2015-2-166

MOHAMED RAFIQUE Vs. MUTHU BEGAM AND ORS.

Decided On February 18, 2015
Mohamed Rafique Appellant
V/S
Muthu Begam And Ors. Respondents

JUDGEMENT

(1.) The petitioner is the respondent in M.C. No.80 of 2013 filed by the respondents herein under Section 125(1) of the Code of Criminal Procedure. The said petition, after contest, came to be ordered on 23.06.2014 by directing the petitioner herein to pay a sum of Rs.6,000/- per month to the first petitioner and a sum of Rs.4,000/- per month to the 2nd petitioner/minor daughter, aged about 2 1/2 years. Challenging the legality of the same, the present revision is filed.

(2.) A perusal of the materials placed before this Court disclose the following facts:

(3.) Mr.M.Seenisulthan, learned counsel appearing for the petitioner, would vehemently contend that the first respondent has failed to adduce any material to show that the petitioner is running a garment business and earning a sum of more than Rs.50,000/-, but, factually, he is eking out his livelihood only as a coolie in Kerala and even for the sake of arguments that his father is in possession of immovable properties, he has begotten other children and in any event, they are also entitled to share in the immovable properties and in the absence of any tenable materials, the quantum of maintenance is exorbitant and prays for modification of the same.