A JOSEPH FERNANDO Vs. MARIA NAVIS

JUDGEMENT

(1.) THIS is a petition under section 482, Cr1. P.C. to set aside the order in M.C. 236 of 1982, on the file of the Chief Judicial Magistrate, Tirunelveli, as confirmed in Crl. R.C. 6 of 1985 by the Second Additional Sessions Judge, Tirunelveli.

(2.) THE wife filed a petition before the Chief Judicial Magistrate Tirunelveli, under Section 125 Crl. P.C., for maintenance. The petition is filed on the ground that the husband has neglected the wife and here two children born of the marriage between her and her husband. The trial Court, after a careful analysis of the evidence, adduced before it, found that the wife has got enough means to maintain herself and negatived the relief of maintenance for the wife but granted maintenance for the children of the petitioner at the rate of Rs. 100 per month for each of the two children. The revisional court confirmed that order and dismissed the revision filed by the petitioner.

(3.) THE husband petitioner has now invoked the inherent jurisdiction of this court under Section 482, Crl. P.C., inter alia contending that in a civil proceeding filed by the wife, a sum of Rs. 666 was ordered to be recovered from out of his salary, but he is not in a position to pay the amount ordered by the criminal court in addition the amount ordered by the Civil Court and that he cannot be compelled to pay the maintenance in the criminal case. His next contention is, that he cannot be asked to pay maintenance twice, one under the Civil Court's decree and another by the criminal court. Learned counsel for the petitioner -husband has produced some zerox copies of the ledger copy and certificate of recovery to show that some salary of the petitioner was attached by his employer and the same was remitted into court.