This case relates to a sorry state of affairs, wherein a Muslim minor son, who was left in lurch by both his father and mother, has been fighting with his father for the past 13 years, claiming arrears of maintenance due to him, in pursuance of the order passed in his favour in the maintenance proceedings in M.C. No. 27 of 1984, on the file of Judicial First Class Magistrate, Kuzhithurai, Kanyakumari District, without getting a pie from him, till date.

2. The father is the petitioner herein. The minor son is the respondent. On 12-11-1984, one Nabeesa, the divorced wife of the petitioner herein, the mother of the minor son, respondent herein, filed a petition under S. 125, Cr. P.C., in M.C. No. 27 of 1984, on the file of the Judicial First Class Magistrate, Kuzhithurai, Kanyakumari District, claiming maintenance for herself and for her minor son who was aged 4 years then. After evidence was taken, by order dated 24-2-1986, the learned Magistrate directed the petitioner to pay a sum of Rs. 500/- per month each towards maintenance for his divorced wife and minor son (respondent herein).

3. The petitioner herein challenging this order, filed a revision in Crl. R.C. No. 243 of 1986, before this Court, and obtained a stay of the operation of the order of the lower Court in Crl. M.P. No. 3457 of 1986 on 15-4-1986. Thereafter, both divorced wife and minor son filed a petition in Crl. M.P. No. 12693 of 1986, to vacate the stay granted in Crl. M.P. No. 3457 of 1986, in the main revision. On hearing both the parties, this Court on 22-12-1986, passed the following order :-

"1. That on condition of the petitioner in Crl. M.P. No. 3457 of 1986 paying future maintenance commencing from 15-1-1987 at half rate, namely Rs. 500/- (rupees five hundred only) and also paying 1/3rd of the arrears within four weeks from this date, the interim stay granted in and by the order of this Court dt. 15-4-1986 and made in Crl. M.P. No. 3457 of 1986, shall be made absolute, and that all further proceedings in pursuance of the order passed by the Judicial First Class Magistrate, Kuzhithurai in M.C. No. 27 of 1984 dated 24-2-1986 shall continue to be stayed pending Crl. R.C. No. 243 of 1986, on the file of this Court;

2. That the wife-1st respondent in Crl. M.P. No. 3457 of 1986 shall be at liberty to withdraw the amount after such deposit as directed in clause (1) supra; and

3. That if the deposit is not made within the date specified in clause (1) supra, the stay granted shall stand vacated."

Though the petitioner herein was heard before passing of the above order, the said conditional order was not complied with by the petitioner

4. During the pendency of the above revision, on 24-6-1987, the divorced wife Nabeesa got remarried with some other person. The unfortunate minor son was neither taken care of by the divorced wife of the petitioner, nor by the petitioner, who also got remarried. The pitiable minor son was driven to take shelter under his maternal grand-father

5. When the revision in Crl. R.C. No. 243 of 1986, came up for final disposal on 14-12-1990, before this Court, it was represented by the petitioner, that during the pendency of that revision, the divorced wife, 1st respondent therein got married again, and therefore, she could not claim maintenance, and that since the minor son was being taken care of by the second husband, he would also not entitle to claim maintenance

6. However, this Court dismissed the said revision, with an observation, that it would be open to the petitioner to take steps under S. 127 Cr. P.C., for the cancellation of the maintenance awarded, on these grounds before lower Court, and the learned Magistrate, in the event of such a petition being filed, would dispose of it, on its inherent merits. However, the petitioner did not choose to file any such application under S. 127, Cr. P.C., before the lower Court, to cancel the order of maintenance earlier passed to the minor son, nor did make any payment towards maintenanc