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1980 Supreme(Ker) 256

U.L.BHAT
MANI – Appellant
Versus
ESTHER – Respondent


Judgment :-

1. In this revision petition the order passed by the Chief Judicial Magistrate, Thodupuzha in M.C. No. 3 of 1978 directing the revision petitioner to pay maintenance to respondents 2 to 4 herein is challenged. The revision petitioner was directed to pay Rs. 70/- per mensem to the second respondent, Rs. 50/- per mensem to the 3rd respondent and Rs 30/- per month to the 4th respondent from the date of the petition, viz., 13-9-1977.

2. It is admitted that the revision petitioner (C. pw. 1) and the first respondent (Pw. 1) were married and respondents 2 to 4 were born to them, The spouses are working as teachers On the date of the petition, the children were studying in the VII, V and II standards respectively. The spouses' are living separately from 2-8-1976 onwards. The children are living with the mother. The wife did not claim maintenance for herself as she is employed and is earning income. On behalf of her three children a consolidated amount of Rs. 500/- per month was claimed. The court ordered only Rs. 150/- per month in all. The learned counsel for the revision petitioner contends that the quantum fixed by the trial court is excessive and that the learned Magistrate









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