MURALIDHARAN Vs. S SUBBAIAH

JUDGEMENT

(1.) This is a petition under section 482, Cr. P.C., to set aside the order in Criminal Revision Petition No. 23 of 1986 dated 1.12.1986 on the file of Sessions Judge, Pudukottai confirming the order in Cr1. M.P. No. 11 of 1984 dated 22.5.1986 of the Chief Judicial Magistrate, Pudukottai, filed by the petitioner for maintenance under Section 125, Cri. P.C. The petition under section 125, Cr. P.C., was filed on behalf of Muralidharan, minor represented by his mother and natural guardian G. Savlthiri for maintenance of the minor for a sum of Rs. 500/per month. It is averred in the petition under Section 125, Cr. P.C., that the petitioner Muralidharan (Minor) aged about 1-Y2 years represented by his mother and natural guardian Savithiri staff nurse, is wife of B. Subbiah (respondent), she is entitled for the maintenance of the minor son. It is averred in the petition as follows The petitioner is the minor son of the Respondent. The petitioners mother G. Savithiri was married to the respondent on 25.5.1979 at Thirugokarnam Murugan Temple, Pudukottai, according to Hindu Rites and Custom. Afterwards the petitionerTs mother and the respondent were living together as husband and wife. As a result of the said wedlock, the petitioner was born on 16.4.1982 at Doctor V. Balamani Nursing Home at Pudukottai. The birth of the petitioner has been registered with the Registrar of Birth and Deaths, Pudukottai Municipality with the registration No. 79/82. The petitioner is producing herewith the Xerox copy of the birth certificate.

(2.) The respondent was looking after the con forts and needs of the petitioner only for a period of about 6 months after the birth of the petitioner. The respondent neglected the petitioner with effect from the month of November, 1982. The petitioner reliably understand that the reason for such neglect is that the Respondent has subsequently married another woman by name Vasantha and is living with her.

(3.) The petitioner is now aged about 2- 1/2 years only. The petitioner is presently under the case and custody of his mother G. Savithiri the natural guardian. Presently the petitioner is maintained by his mother the said G. Savithiri.