LAWS(MAD)-2009-7-564

RANI Vs. M SUNDARAMOORTHY

Decided On July 16, 2009
RANI Appellant
V/S
M. SUNDARAMOORTHY Respondents

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 06.09.2006 passed by the learned Judicial Magistrate, Polur, Tiruvannamalai in CMP No,448 of 2004 in M.C.No,3 of 1993, this criminal revision is focussed.

(2.) COMPENDIOUSLY and concisely, the relevant facts which are absolutely necessary and germane for the disposal of this revision would run thus: Indubitably and indisputably, the respondent is the husband of the first revision petitioner and father of the second revision petitioner. Originally the revision petitioners filed M.C.No,3 of 1993 claiming maintenance as against the respondent, whereupon the Court awarded maintenance in a sum of Rs.250/- and Rs.100/- per month payable by the respondent herein in favour of each of the petitioners respectively. C.M.P.No,448 of 2004 under Section 127 Cr.P.C. was filed for enhancing the maintenance. After hearing both sides, the learned Magistrate awarded Rs.500/- per month as maintenance in favour of each of the revision petitioners payable by the respondent.

(3.) WHEREAS, the learned counsel for the respondent would by way of torpedoing and pulverising the argument as put forth on the side of the revision petitioners would submit that the respondent incurred huge loan for solemnising the marriage of his one other daughter and in connection with that, every month a sum of Rs.3,500/- is being deducted and as such, his take home pay was only Rs.3,854/- and with that he has to meet his own commitments.