A divorcee by mutual consent is entitled to maintenance under Section 125(1) of the Code, and a wide interpretation has to be given to the terms of these provisions.

The revision petitioner was directed under section 125 of the Cr.P.C. by the Judicial Magistrate of First Class, Punalur in M.C. No. 12 of 1977 to pay maintenance at the rate of Rs. 50/- p.m. to his son (2nd respondent herein) born to him by his first wife wife (1st respondent herein). Claim made by 1st respondents was negatived. The respondents filed Crl.R.P. No. 101/78 before the Sessions Court, Quilon, seeking maintenance for the first respondent and seeking enhancement of maintenance for the 2nd respondent. The earned Sessions Judge confirmed the order of maintenance passed in favour of the 2nd respondent, reversed the order of the learned Magistrate denying maintenance to the first respondent and directed the revision petitioner to pay maintenance at the rate of Rs. 50/- p.m. to her also. Liability to pay maintenance to the first respondent and the quantum awarded to her are challenged before me.

2. The facts in so far as they are relevant for the purpose of this case, are undisputed. The revision petitioner and the first respondent, both Hindus, were married according to the customary form obtaining in their community on 24-6-1961. For a short while they lived together. The 2nd respondent was born in the marriage. In 1962 they fell out on account of differences of opinion. On 11-5-62 they dissolved their marriage by entering into a divorce deed. Since then they have been residing separately. First respondent has been looking after second respondent and educating him. The revision petitioner took a second wife and has two children by her. Parties proceed on the basis that the divorce deed, Ext. P2, put an end to the marital tie between them.

3. The learned Magistrate came to the conclusion that the first respondent is a person "living separately by mutual consent after divorce" and hence ineligible to get maintenance by virtue of Section 125 clause (4) of the Cr.P.C. (for short Code). This view has not been supported before me by any one and was found against by the learned Sessions Judge also. It was argued before the learned Sessions Judge that first respondent herein, having become a divorcee by mutual consent under Ext. P2, is not a "wife" as defined in Section 125(1) Explanation (b). On the strength of the decisions reported in Ravindran Nair v. Sakunthala Amma (1978 Ker LT 246) : (1978 Cri LJ 1049) and Mariyumma v. Mohammed Ibrahim (1978 Ker LT 573) : (AIR 1978 Ker 231) (FB) the learned Sessions Judge negative this contention and ordered payment of maintenance to her also.

4. In the two decisions relied on by the learned Sessions Judge the question now raised before me was not specifically considered. In the judgment of Bhaskaran J. in Valsala v. Surendran (1979) Ker LT 160 : (1979 Crt LJ NOC 187) it was held that a woman who obtained status of divorcee by mutual consent is also eligible to obtain maintenance. The question was considered and answered thus:

"In my view the Parliament's intention was to extend the benefit of the Explanation to divorced woman without making any distinction between the method or forum through which the divorce came into existence. Any narrow construction placed on the scope of the Explanation would defeat the purpose of the provision to a great extent. A divorced woman is a divorced woman whether it is secured through court or by registered deed as per agreement. A divorce by agreement also implies divorce obtained from or by the spouse to satisfy the requirement of Explanation (b) to sub-section (1) of Section 125. Clause (c) of sub-section (3) of Section 127 which provides, that when any order has been made under Section 125 in favour of a woman who has been divorced by, or has obtained a divorce from her husband, the Magistrate may, if he is satisfied that "the woman has obtained a divorce from her husband and that she had voluntarily surrendered her rights to maintenance after her divorce, cancel the order" allowing maintenance to her. This is an indication that a woman