K EASWARAMOORTHY Vs. E THILAGAMANI

JUDGEMENT

(1.) PETITION filed under Section 397 r/w 401 of Cr.P.C. against the order dated 7.2.2007 passed by the Judicial Magistrate No.I, Gobichettipalayam, in M.C.No.1 of 2005.) Challenging and impugning the order dated 7.2.2007 passed by the Judicial Magistrate No.I, Gobichettipalayam, in M.C.No.1 of 2005, this criminal revision case is focussed.

(2.) COMPENDIOUSLY and concisely, the facts absolutely necessary and germane for the disposal of this criminal revision case would run thus:- The respondents herein filed the M.C.1 of 2005 under Section 125 of Cr.P.C. before the Judicial Magistrate No.I, Gobichettipalayam, claiming maintenance from the revision petitioner herein. Inasmuch as the revision petitioner resisted the claim the enquiry was conducted. (b) During enquiry, the first respondent herein examined herself as P.W.1 along with P.W.2 and no documentary evidence was marked. The revision petitioner herein examined himself as R.W.1 and Exs.R1 and R2 were marked. (c) Ultimately, the Magistrate awarded a sum of Rs.1000/- p.m. in favour of the first respondent and Rs.750/- p.m. in favour of the second respondent herein, 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 awarding maintenance in favour of R1, payable by the revision petitioner.