SUHAS VASUDEO VARUNKAR Vs. SMITA SUHAS VARUNKAR

JUDGEMENT

(1.) THIS revision arises out of an order dated 18-12-1997 passed by the Additional Sessions Judge, Sindhudurg, in Criminal Revision Application No. 135/1996. The respondents were the wife and son of the petitioner. The petitioner sought divorce of the marriage between his wife Mrs. Smita Suhas Varunkar before the Civil Judge, Senior Division, Sawantwadi in Hindu Marriage Petition No. 90/92. Along with this petition for divorce, an application for permanent alimony was filed by the wife and in that application, when the marriage was divorced, Rs. 50,000/- was awarded as alimony in favour of both the respondents.

(2.) IT may be noted that before this order was passed there was already an order of maintenance ordered by the learned Magistrate under Sec. 125 Cr. P. C. against the wife and son at the rate of Rs. 200/- each. When the alimony was granted by the Civil Court, the petitioner moved an application before the Magistrate for cancellation of the order which was passed earlier under section 125 Cr. P. C. The wife also filed an application for enhancement of maintenance under section 125 (3) Cr. P. C. Both these applications were heard by the Magistrate together and impugned order was passed cancelling the maintenance granted by the Magistrate in favour of both the respondents.

(3.) THERE is no dispute that the petition for divorce was filed by the petitioner and that was granted. It was also not in dispute that a petition was filed by the wife for pemanent alimony. That was also granted by the Civil Court. It is legally impossible in these two petitions, that the rights of children of a Hindu husband could be agitated. In that case granting alimony, merely the direction given by the Civil court that it has been granted in favour of the son also, will have no effect as far as the son's rights are concerned. THEREfore merely because while granting alimony to wife, the order says it is for the son also, is not binding on the son and his right to claim maintenance under section 125 Cr. P. C. cannot be said to get obliterated by the direction made by the Civil Judge, while passing the order of alimony. On this legal premises, the revisional court set aside the order of the Magistrate and maintained the maintenance granted by the Magistrate in favour of the son at the rate of Rs. 200/- per month.