K VEERIAH Vs. MUTHULAKSHMI

JUDGEMENT

(1.) This Revision, is preferred by K. Veeriah, the petitioner herein/husband, as against the order passed in Crl. R. P. No. 29/96 on the file of the Principal Sessions Judge, Madurai allowing in part, while modifying the order passed in the application for maintenance in M. C. No. 1/95 on the file of the Judicial Magistrate, Melur.

(2.) Muthulakshmi, the first respondent herein/wife, filed an application claiming for maintenance from her husband, the petitioner herein, for herself and for her minor children respondents 2 to 4. The lower Court passed an award of maintenance only in favour of the respondent-4 minor Sudha directing the petitioner to pay a sum of Rs. 200/- per month and disallowed the claim of maintenance for the first respondent, the wife, holding that she was not entitled to maintenance as she was living in adultery and disallowed the claim for the respondents 2 and 3, the minor children, on the ground that those children are living with the petitioner herein.

(3.) However, the first respondent challenging the order of disallowing her claim for maintenance and seeking for the enhancement of the maintenance amount to the fourth respondent, minor daughter, filed the revision before the learned Sessions Court at Madurai. On hearing the parties, the learned Sessions Judge held that the wife, the first respondent herein, was entitled to maintenance of Rs. 400/- per month and enhanced the maintenance granted in favour of the fourth respondent from Rs. 200/- to Rs. 250/- per month from the date of the application filed before the lower Court in M. C. No. 1/95. This order is under challenge by the husband, the petitioner herein.