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1978 Supreme(Ker) 113

P.NARAYANA PILLAI, P.SUBRAMONIAN POTI, GEORGE VADAKKEL
MARIYUMMA – Appellant
Versus
MOHAMMED IBRAHIM – Respondent


Judgment :-

1. This revision is against an order passed by the Judicial Magistrate of the First Class, Kodungalloor in a petition under S.125 of the Code of Criminal Procedure for the award of maintenance moved by a divorced woman and her 3 children. The Magistrate found that the children are eligible to get maintenance at the rate of Rs. 45/-, Rs. 35/- and Rs. 30/-per mensem respectively while the first petitioner the divorcee was not entitled to any maintenance. This was so found because, according to the court below, adultery on the part of the first petitioner had been proved by the evidence in the case and that disentitled her to the award of any maintenance. This revision comes up before the Full Bench because a single judge of this Court directed reference to the Full Bench in view of the important questions arising for decision in the case.

2. The revision is by all the petitioners in the court below. The first petitioner claims that she too must be found entitled to maintenance until her remarriage while on behalf of petitioners 2 to 4 she claims enhancement of the quantum of maintenance awarded by the court below.

3. Evidently the learned Magistrate who declined to award ma





























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