CHRISTU RAJ Vs. KANAGAM ALIAS GNANAPRAKASI

JUDGEMENT

(1.) This petition is filed under Section 482 of Code of Criminal Procedure by the petitioner against the order of maintenance passed by the Judicial Magistrate, Eranial in M.C.No. 18 of 1989 which was confirmed by the Sessions Judge, Kanniya Kumari in Criminal Revision Petition No. 40 of 1993.

(2.) The respondents who are wife and daughter of the petitioner filed a maintenance petition under Section 125 of the Code of Criminal Procedure against the petitioner for maintenance of Rs. 400/- to the wife and Rs. 350/- to the child. A counter has been filed on behalf of the husband wherein he has admitted the relationship. However, he has stated that the first respondent (wife) is employed as a teacher, and she has been drawing a sum of Rs. 2,500/- per month. There is no question of the respondents living in poverty, and the respondent is working for the last 11 years. He has also stated that he is ready to produce the receipts to prove that the respondent is drawing salary. on behalf of the respondents two witnesses were examined and on behalf of the petitioner he got himself examined. In the evidence of the respondent she has stated that she has been neglected by the petitioner and she does not have any i ncome to maintain herself as well as her child and she prayed for maintenance from her husband P.W. 2 has been examined in support of the evidence of P.W.1. On behalf of the petitioner the husband has stated that the respondent is working as a school teacher drawing a sum of Rs. 1,500/- per month. In addition to this she is giving tuition to the children and from this tuition she is getting income and she also owns some immovable properties. The petitioner filed an application before the learned Magistrate, Eranial to set aside the ex parte order. The learned Judicial Magistrate by his order 12-8-1983 dismissed t he application on the ground that the petitioner was not maintainable since the order has been decided on merits.

(3.) The learned Magistrate by his order dated 2-8-1993 in M.C.No. 18 of 1989 awarded maintenance at the rate of Rs. 200/- per month for the first respondent and Rs. 300/- to the second respondent from 23-3-1989 i.e., from the date of filing of this petition. The husband preferred a Criminal Revision Petition No. 40 of 1993 before the Sessions Judge, Kanniyakumari and the learned Sessions Judge by his order dated 7-7-1995 dismissed the said revision petition. Hence, the present petition is filed under Section 482 of the Code of Criminal Procedure.