PADMANABHAN Vs. BAMA

JUDGEMENT

(1.) This revision is directed against the order in M.P. No. 531 of 1985 in M.P. 110of 1985 in M.C. 500 of 1978, on the file of the Second Metropolitan Magistrate,Egmore, Madras.

(2.) The revision petitioner is one Padmanabhan. The respondent, Bama is his wife. Bama, the respondent, filed an application under S. 125 Cr. P.C. claiming maintenance. Parties and their respective counsel made a joint endorsement fixing the maintenance at Rs. 150 per month. But the respondent filed a petition in M.P. 531 of 1985 under S. 127 Cr. P.C. claiming enhanced maintenance as she finds herself unable to maintain with the sum of Rs. 150 per month. She prayed for a sum of Rs. 400 per month.

(3.) The revision petitioner filed an application contending inter alia that the petition under S. 127 Cr. P.C. by the wife is not maintainable. The contention taken by the petitioner is that the endorsement on the petition for maintenance under S. 125 Cr. P.C. was made by both the husband and the wife 'without prejudice to their contentions' and therefore the petition for enhancement of the maintenance under S. 127 Cr. P.C. is not maintainable in the absence of a finding that the husband, though having means, has neglected or refused to maintain and that the wife has no means to maintain herself. His further contention is that the Second Metropolitan Magistrate, Egmore, Madras, has no jurisdiction to entertain the petition as the parties are living at Mambalam and Kodambakkam and the Magistrate at Saidapet alone has jurisdiction to try the petition (This point is taken only in the additional counter in Cr. M.P. 110 of 1985 and not in M.P. 531 of 1985).