YOOSUF RAWTHER Vs. ASHREF

JUDGEMENT

(1.) This case relates to a sorry state of affairs, wherein a Muslim minor son, who was left in lurch by both his father and mother, has been fighting with his father for the past 13 years, claiming arrears of maintenance due to him, in pursuance of the order passed in his favour in the maintenance proceedings in M.C. No. 27 of 1984, on the file of Judicial First Class Magistrate, Kuzhithurai, Kanyakumari District, without getting a pie from him, till date.

(2.) The father is the petitioner herein. The minor son is the respondent. On 12-11-1984, one Nabeesa, the divorced wife of the petitioner herein, the mother of the minor son, respondent herein, filed a petition under S. 125, Cr. P.C., in M.C. No. 27 of 1984, on the file of the Judicial First Class Magistrate, Kuzhithurai, Kanyakumari District, claiming maintenance for herself and for her minor son who was aged 4 years then. After evidence was taken, by order dated 24-2-1986, the learned Magistrate directed the petitioner to pay a sum of Rs. 500/- per month each towards maintenance for his divorced wife and minor son (respondent herein).

(3.) The petitioner herein challenging this order, filed a revision in Crl. R.C. No. 243 of 1986, before this Court, and obtained a stay of the operation of the order of the lower Court in Crl.M.P. No. 3457 of 1986 on 15-4-1986. Thereafter, both divorced wife and minor son filed a petition in Crl. M.P. No. 12693 of 1986, to vacate the stay granted in Crl. M.P. No. 3457 of 1986, in the main revision. On hearing both the parties, this Court on 22-12-1986, passed the following order :-"