SUKHIRTHAMMAL Vs. SUBRAMANIAN

JUDGEMENT

(1.) This revision is preferred by Sukhirthammal challenging the legality of the order made in M.P. No.3839/78 and M.P. No.6062/80 in M.C. 283/78 on the file of the IV, Metropolitan Magistrate, Saidapet, Madras.

(2.) The brief facts necessary for the disposal of this revision are as follows : The petitioner filed M.C. 283/78 under S.125, Cri.P.C., before the IV, Metropolitan Magistrate, Madras, against her husband, the respondent herein (Subramanian), seeking an order of maintenance for herself and her to minor children. On 29th June, 1978 an ex parte order was passed by the learned Magistrate directing payment of a sum of Rs. 250 p.m. to the petitioner and Rs. 100 p.m. to each of the minor children, all totalling a sum of Rs. 450 per mensem. The respondent filed a petition in M.P. No.3077/78 before the learned Magistrate for setting aside the ex parte order; but that petition was dismissed on 2-11-1978 due to the non-appearance of the respondent. Subsequently, another petition was filed in M.P. 3839/78 by the respondent on 4-11-1978 for selling aside the order, D/-29-6-1978, stating that the respondent had not been served with notice in the maintenance petition to appear before the Court. On 23-2-1979, on the consent of the parties, the Magistrate passed the following order :

(3.) Aggrieved by the said order of the Magistrate, the petitioner preferred a revision in Cr.R.C. 372/79 before this Court and same was allowed. The respondent took up the matter before the Supreme Court in S.L.P. (Cr.) No.1286/80 and the Supreme Court passed the following order on 7-5-1980 :