1. This Crl.R.C. has been filed by the husband against the maintenance awarded to the first respondent-wife and her children, namely the second and third respondents, i.e. Rs.600/- to the first respondent and Rs.750/- each to the respondents 2 and 3, by order dated 8.4.2008in M.C.No.45 of 2006 on the file of the Chief Judicial Magistrate's Court, Vellore.

2. The first respondent-wife filed a petition claiming maintenance under Section 125 Cr.P.C., stating that the marriage between her and the revision petitioner-husband, had been performed and out of their lawful wedlock, the children were born. Because of the ill-treatment of her husband, the wife was away from the matrimonial home and since the husband neglected to maintain his wife and children, she has come forward with the petition for maintenance under Section 125 Cr.P.C.

3. The petitioner-husband resisted the maintenance petition by filing counter affidavit admitting the factum of marriage; the paternity of the second respondent is also admitted; he disputed the paternity of the third respondent and submitted that the wife left the matrimonial home and she gave birth to a child, namely the second respondent and sh