PHILIP ANTONY Vs. RAICHAL JAYAMANI

JUDGEMENT

(1.) THE revision petitioner is the respondent in M.C.No.24 of 1990 on the file of the Judicial Magistrate, Tambaram which was filed under Section 125 of Cr.P.C. by the respondents herein (wife and the children of revision petitioner herein).

(2.) AS per the order in M.C.No.24 of 1990,the petitioners in M.C.No.24 of 1990 /respondents herein were awarded maintenance at the following rates. The first petitioner/first respondent was awarded Rs.300/- per mensum towards maintenance and other two minor petitioners /respondents 2 and 3 herein were awarded Rs.250/- per mensum each towards maintenance. Subsequently for enhancement of the said maintenance amount ordered by the learned Trial Judge, the respondent's herein/petitioners in M.C.No.24 of 1990 have filed Crl.M.P.No.478 of 2003 in M.C.No.24 of 1990 under Section 127 of Cr.P.C. with a prayer to enhance the maintenance amount to Rs.500/- each. The learned trial Judge, after giving due considerations from the submissions made by the learned counsel appearing for the petitioners as well as the learned counsel appearing for the respondent has allowed the petition as prayed for, taking into consideration, the cost of living and also the fact that the petitioners are still living separately without the protection of the revision petitioner herein, who is the husband of the first respondent herein and the father of the respondents 2 and 3 herein, which necessitated the husband/respondent in Crl.M.P.No.478 of 2003 in M.C.No.24 of 1990 to prefer this revision petition.

(3.) THE learned counsel appearing for the revision petitioner would contend that the date of birth of the second petitioner Minor Pradeep is 15.11.1985 and has become major as on 14.11.2003 and under such circumstances, the second petitioner Pradeep is entitled to receive the maintenance till 14.11.2003 only. This contention of the learned counsel appearing for the revision petitioner has got force and is to be accepted in lieu of the provisions contemplated under Section 125 of Cr.P.C.