LINGA GOUNDER Vs. RAMAN

JUDGEMENT

(1.) BOTH the revision cases have been preferred by one and the same person, the former against an ex parte order of maintenance passed in favour of the respondent, the latter against an order of maintenance passed after contest. The respondent herein is the illegitimate minor son of the petitioner. His mother, one Mangammal, filed a petition Under Section 125 (1) (b), Cr. PC 1973, for grant of maintenance to him. The averment of the mother was that the petitioner had neglected the child and failed to provide maintenance for it. The principal defence in the case was that on account of a maintenance decree, passed by a Civil Court, in favour of the minor son, an independent application Under Section 125 (1) (b), Cr. PC was not maintainable, The objection wag not sustained and the learned Magistrate granted maintenance to the respondent at the rate of Rs. 75 per month. That order is challenged by the petitioner in these revision cases.

(2.) SINCE the ex parte order of maintenance has been set aside and the peti-1 tioner granted an opportunity to contest the case, it is not necesssary to consider the Cr. R. C. No. 344 of 1975 on merits The points raised therein are also considered in Cr. R. C. No. 672 of 1975 Hence Cr. R. C. 344 of 1975 will stand dismissed.

(3.) TO appreciate the contention of the petitioner in Cr. R. C. No. 672 of 1975. it is necessary to state a few facts. The petitioner Is working as a fitter in the Railways and it is not disputed that the respondent is his illegitimate son. On behalf of the respondent, a maintenance suit was filed before the District Munsif, Tirupattur in O. S. No. 156 of 1967. The District Munsif passed a decree for maintenance at the rate of Rs. 50 per month and also allowed a sum of Rs. 100 per annum towards medical expenses. It would appear that the respondent's mother also claimed maintenance for herself, but her claim was rejected as her professed marriage with the petitioner wag not a recognisable one. The petitioner challenged the decree for maintenance in A. S. No. 1250 of 1970 on the file of the Subordinate Judge. Tirupattur and later in S. A. No. 1316 of 1973, on the file of this Court. The decree for maintenance was confirmed but the grant of Rs. 100 per annum towards medical expenses was set aside.