1. The two questions which arise for determination in these Criminal Revision Petitions, Crl. R. P. No. 57/77 filed by the husband and Crl. R. P. No. 64/77 filed by the wife, are whether a party can contract out of the statutory obligation to give maintenance arising under S.125 and 127 of the Code of Criminal Procedure and whether the maintenance awarded in the case is disproportionate to the income of the husband.

2. The petitioner in Crl. R. P. No. 57, now a Headmaster in an Upper Primary School, married the petitioner in Crl. R. P. No. 64/77 in the year 1963 and during their wedlock two daughters Vanaja and Thulasi, now aged 11 and 9 respectively, were born to them. Alleging neglect on the part of the husband to maintain, a petition was filed by the wife before the Additional Judicial Magistrate of the First Class, Tellicherry claiming maintenance for herself and the children. The Magistrate passed an order on July 1, 1974 granting maintenance at the rate of Rs. 40/- per mensem to the wife and Rs. 20/- each to the minor children. Thereafter, in the year 1975, the wife filed M. C. No. 57/75 before the same court under S.127 of the Code of Criminal Procedure claiming e