SHELAVUDEEN Vs. S. SHANAVAS BEGAM AND ANOTHER

JUDGEMENT

(1.) THIS revision is directed by the husband of the first Respondent against the order passed by the First Additional Sessions Judge, Madurai awarding maintenance of Rs. 50 per month to the first Respondent (wife) herein.

(2.) THE facts, which are necessary for the disposal of this revision petition are as follows: The revision Petitioner married the first Respondent on 26 -3 -1978 and on 25 -4 -1981, the revision Petitioner had divorced the first Respondent by calling 'talak' thrice in the presence of the Kazi and witnesses. According to the first Respondent (wife), the Petitioner herein did not pay her any maintenance and was ill -treated by him and the child was also taken out by the revision Petitioner and that he had taken a second wife. It is alleged that the revision Petitioner was getting a sum of Rs. 457 -40 by way of salary as he is employed in the railway and that he would be in a position to pay her a sum of Rs. 250 per month towards her maintenance.

(3.) THE learned Magistrate who enquired into the petition under Section 125 Code of Criminal Procedure accepted the case of the revision Petitioner and dismissed the application filed by the first Respondent. Aggrieved by the same, the first Respondent herein preferred a revision before the learned First Additional Sessions Judge. Madurai in Cr.R.P.l7 of 1983, and the learned Sessions Judge allowed the revision petition and directed the revision Petitioner herein to pay a sum of Rs. 50 per month to the first Respondent herein from the date of petition. Hence, this revision petition.