1. This is a reference by the I Additional Sessions Judge of Trivandrum in M. C. 29/66 on the file of the Addl. First Class Magistrate, Trivandrum. That was a case instituted by a mother and 5 children for maintenance under S.488 Cr. P. C. , The learned Magistrate found that the mother is not entitled to maintenance since she is living in adultery. Even though the paternity of all the 5 children was admitted by the counter-petitioner, maintenance was not awarded to the children also, as the Magistrate is of the view that the children are being maintained by the counter-petitioner himself. Learned Additional Sessions Judge has pointed out in his reference order that the few taken by the learned Magistrate is wrong in so far as the counter-petitioner cannot shirk his responsibility to maintain the children on the plea that he is making occasional payments to them.

2. On a review of the position in all its details, I am persuaded to the conclusion that the petitioners have established a case for maintenance for all of them, i. e., for the wife and all the 5 children. In the matter of the wife, I am afraid the trial Magistrate as well as the Addl. Sessions Judge in revision,