ALAGAPPAN Vs. THILAGAM

JUDGEMENT

(1.) This petition is filed under S. 482, Cr. P.C. praying this Court to set aside the order passed in Crl. R.C. No. 4 of 1998, on the file of the Principal District Sessions Judge, Pudukottai as per which the order passed by the Judicial Magistrate No. 2, Pudukottai in Crl. M.P. No. 3340 of 1996 was confirmed.

(2.) The petitioner Alagappan is a resident of Narimedu in Pudukkottai. His wife Thilagam filed M.C. No. 14 of 1994 before the Judicial Magistrate No. II, Pudukkottai praying for maintenance under S. 125, Cr. P.C. The petitioner who was impleaded as respondent in M.C. entered appearance and during pendency of the said petition, both the petitioner and his wife entered into a compromise on 15-2-1995 as per which the petitioner agreed to pay a sum of Rs. 300/- as maintenance to the wife, the respondent in this petition and the learned Magistrate has passed an order dated 15-2-1995 directing the petitioner to pay the said amount.

(3.) While so, in the year 1996 the respondent, namely the wife, filed a petition in M.C. No. 14 of 1994 for enhancement of monthly maintenance from Rs. 300/- to Rs. 500/- in view of the changed circumstances under S. 127, Cr. P.C. and initially the petition was ordered ex parte, but subsequently the ex parte order was set aside and after allowing the parties to adduce evidence in support of their rival claims, the learned Judicial Magistrate No. II, Pudukottai passed an order dated 28-3-1996 enhancing the maintenance amount due to the wife from Rs. 300/- to Rs. 500/-. This was passed in Cri. M.P. No. 3340 of 1996.