The existence of a civil court decree for maintenance does not bar the jurisdiction of a magistrate to entertain a petition under Section 125 for maintenance, and the magistrate can grant maintenance at a higher rate than what was granted by the civil court, considering the passage of time and the increase in the cost of living.

Both the revision cases have been preferred by one and the same person, the former against an ex parte order of maintenance passed in favour of the respondent, the latter against an order of maintenance passed after contest. The respondent herein is the illegitimate minor son of the petitioner. His mother, one Mangammal, filed a petition under S. 125(1)(b), Cr.P.C. 1973, for grant of maintenance to him. The averment of the mother was that the petitioner had neglected the child and failed to provide maintenance for it. The principal defence in the case was that on account of a maintenance decree, passed by a Civil Court, in favour of the minor son, an independent application under S. 125(1)(b), Cr.P.C., was not maintainable. The objection was not sustained and the learned magistrate granted maintenance to the respondent at the rate of Rs. 75/- per month. That order is challenged by the petitioner in these revision cases.

2. Since the ex parte order of maintenance has been set aside and the petitioner granted an opportunity to contest the case, it is not necessary to consider the Cr.R.C. No. 344 of 1975 on merits The points raised therein are also considered in Cr.R.C. No. 672 of 1975 Hence Cr.R.C. 344 of 1975 will stand dismissed.

3. To appreciate the contention of the petitioner in Cr.R.C. No. 672 of 1975, it is necessary to state a few facts. The petitioner is working as a fitter in the Railways and it is not disputed that the respondent is his illegitimate son. On behalf of the respondent, a maintenance suit was filed before the District Munsif, Tirupattur in O.S. No. 156 of 1967. The District Munsif passed a decree for maintenance at the rate of Rs. 50/- per month and also allowed a sum of Rs. 100/- per annum towards medical expenses. It would appear that the respondent's mother also claimed maintenance for herself, but her claim was rejected as her professed marriage with the petitioner was not a recognisable one. The petitioner challenged the decree for maintenance in A.S. No. 1250 of 1970 on the file of the Subordinate Judge, Tirupattur and later in S.A. No. 1316 of 1973, on the file of this Court. The decree for maintenance was confirmed but the grant of Rs. 100/- per annum towards medical expenses was set aside.

4. During the pendency of the second appeal, the respondent's mother filed a petition under S. 125(1)(b), Cr.P.C. before the Sub-Divisional Judicial Magistrate, Tirupattur, for an order of maintenance in favour of the respondent. What prompted the respondent's mother to have recourse to this procedure was because the petitioner did not make any payment towards the maintenance decree and several execution petitions filed to execute the decree proved ineffective. In fact, the petitioner himself concedes that all these days he has not paid any amount towards the maintenance of the respondent. Only during the pendency of these proceedings, he has paid Rs. 400/-. In his affidavit, the petitioner states that he has paid, in all, a sum of Rs. 1, 275/-, but, that matter requires factual verification. Be that as it may, the point now urged by Mr. Shanmugham, learned counsel for the petitioner is that in view of the Civil Court's decree, the Magistrate was not entitled to entertain an application under S. 125(1)(b), Cr.P.C. or even if he has jurisdiction to entertain the application and pass orders against the father, he had no right to give maintenance at the enhanced rate of Rs. 75/- per month.

5. As it is well known, S. 488, Cr.P.C. 1898, which corresponds to S. 125 of the present Code, was enacted with a view to provide speedy relief to destitute wives and children. Section 125 is wider in ambit than S. 488, in that provision is now made for maintenance being granted even to a major child if such a child is by reason of any physical or mental abnormality or injury, unable to maintain itself as well as to a father or mother, unable to maintain himself or herself. The Magistrate before whom an application is fi