JUDGMENT

S. Padmauabhan, J. - This petition was filed under section 482 of the Code of Criminal Procedure, here-in-after referred to as 'the Code', for setting aside an order passed under section 127(1) of the Code enhancing the monthly maintenance from Rs. 10/- to Rs. 300/-.

2. Second respondent was the wife of the petitioner. First respondent is the mother of the second respondent. At present the second respondent is sick and disabled. The marriage between the petitioner and the second respondent was some where in 1957. Alleging desertion, the second respondent filed M.C. 51/59 before Judicial First Class Magistrate, Quilandy against the petitioner under section 488 of the old Code claiming maintenance for herself and her minor child born through the petitioner. The Magistrate ordered maintenance at the monthly rate of Rs. 10/- to the second respondent and Rs. 6/- to the child. The order was on 25-4-1959. The parties are Muslims. Immediately thereafter the petitioner divorced the second respondent. Divorce was on 13.11-1959. The petitioner then married another lady and it is said that he is having four children by that marriage. The son of the second respondent born to the petit