MOHAMMED MUSTAFA Vs. FARIDHA BANU

JUDGEMENT

(1.) CHALLENGING and impugning the order dated 28.3.2007 passed by the Judicial Magistrate No.2, Pollachi, in M.C.No.6 of 2006, this criminal revision case is focussed.

(2.) A 'resume' of facts absolutely necessary and germane for the disposal of this criminal revision case would run thus:-(a) The respondent herein filed the M.C.No.6 of 2006 under Section 125 of Cr.P.C., seeking maintenance. Inasmuch as the revision petitioner resisted the claim, the trial was conducted.(b) During trial, the respondent(wife) examined herself as P.W.1 along with P.W.2 and Exs.P1 and P2 were marked. On the side of the revision petitioner's(husband) side R.Ws.1 to R.W.4 were marked and Exs.R1 to R20 were marked.(c) Ultimately, the Magistrate awarded maintenance in a sum of Rs.3000/- per month in favour of the respondent(wife), payable by the revision petitioner herein.

(3.) THE point for consideration is as to whether there is any perversity or non-application of law in holding that there was no valid pronouncement of 'talaq' by the revision petitioner as against the respondent and whether the quantum of maintenance awarded is on the higher side.