THENDRAL SAMPATH Vs. C U SAMPATH

JUDGEMENT

(1.) THIS Criminal Original Petition has been filed under Section 482 Criminal Procedure Code praying for an Order to call for the records relating to the order of the learned Judicial Magistrate No.1, Tirupathur dated 01.04.2005 passed in M.C.No.3/2004, which was confirmed in Revision by the Order of the learned Principal Sessions Judge, Vellore dated 22.12.2005 made in Criminal Revision Petition No.18/2005, to set aside the same and to award maintenance in respect of the petitioner herein as claimed in the maintenance case.

(2.) THE petitioner herein had filed a maintenance case in M.C.No.3/2004 on the file of the learned Judicial Magistrate No.1, Tirupatthur claiming maintenance for herself and for her three minor children under Section 125 of the Code of Criminal Procedure. After enquiry, the learned Judicial Magistrate No.1, Tirupatthur allowed the maintenance case in part so far as the minor children are concerned and directed the respondent herein to pay them monthly maintenance at the rate of Rs.1,100/-, Rs.900/- and Rs.500/- respectively. THE learned Judicial Magistrate dismissed the maintenance case so far as the claim of maintenance for the present petitioner (wife) is concerned.

(3.) THE wife, whose claim for maintenance was turned down by the learned Judicial Magistrate No.1, Tiruppatthur in M.C.No.3/2004 by order dated 01.04.2005, has filed the present Criminal Original Petition invoking Section 482 of Code of Criminal Procedure after unsuccessfully challenging the said Order of the Judicial Magistrate No.1, Tiruppatthur before the learned Principal Sessions Judge, Vellore in Criminal Revision Petition No.18/2005.