The second defendant in a suit for recovery of maintenance filed by the respondents herein, is the appellant in this appeal. The first respondent claimed to be the wife of one Chidambaran Nayanar and respondents 2 and 3 claimed to be his children through the first respondents. The first respondent had earlier initiated proceedings under S. 125 of the Criminal Procedure Code against Chidambaran Nayanar wherein Chidambaran Nayanar disputed the status of the first respondent. After trial the contentions of Chidambaran Nayanar were overruled and it was found that the first respondent was the wife of Chidambaran Nayanar and that she was entitled to an order for maintenance under section 125 of the Code of Criminal Procedure. The order for maintenance marked as Ext. A1 in this proceeding was passed in her favour.

2. While the said proceedings were pending Chidambaran Nayanar purported to execute a gift in respect of the only property held within the State in favour of the appellant-second defendant. Chidambaran Nayanar did not honour the order for maintenance made against him under section 125 of the Code of Criminal Procedure. The respondents therefore filed the suit for rec