JAGANNOTHAN Vs. SUNDARI

JUDGEMENT

(1.) The criminal revision is by the father of the respondents and is directed against the order passed by the Judicial First Class Magistrate No. II, Madurai, directing the petitioner to pay monthly maintenance to each of the respondents at the rate of Rs. 125 per month.

(2.) Facts giving rise to the present revision briefly are as follows:- The mother of the respondents, on behalf of herself and on behalf of the respondents herein, field M C. 35 of the 1982, before the Judicial First Class Magistrate II, Madurai, under section 125 Cr1. P.C. on the allegation that she was the legally wedded wife of the petitioner, their marriage having taken place on 30-3-1979 and that the respondents were born to them both and the petitioner, due to different reasons, started ill-treating her and finally, after she gave birth to the second respondent on 4-2-1982, the petitioner did not take her back and she was forced to live with her parents and that therefore the petitioner had failed and neglected to maintain them and they were unable to maintain themselves. It was further averred that. tile petitioner was having a banian agency which fetched him Rs. 2000 per month and had also properties worth Rs. 1 lakh in Tenkasi and was also doing wholesale business in plastic goods. Maintenance at the rate of Rs. 250 for herself and Rs. 125 for each of the respondents was prayed for.

(3.) The above action was resisted by the petitioner on the allegation that though the marriage between himself and the mother of the respondents had taken place and though the two respondents were born to them, the further averment of cruelty, neglect and failure to maintain were all false. It was the mother of the respondents who, on her own, had left the marital home and had made it impossible for him to join her. Several attempts made by him for a reconciliation were resisted by the mother of the respondents. He also contended that he- was out of employment and had no property and was only living on the generosity of his father.