JUDGMENT

Dated this the 19th day of January, 2023 This original petition (criminal) has been filed under Article 227 of the Constitution of India and the prayer herein is to set aside Ext.P4 order in M.P No.278/2021 in M.C No.65/2021 dated 04.01.2021 on the file of the Family Court, Thrissur.

2. Heard the learned counsel for the petitioner as well as the learned counsel appearing for the respondents and the learned Public Prosecutor.

3. The respondents 1 and 2 herein, who are the admittedly the wife and minor child aged one year (2021), had filed petition for maintenance under Section 125 of Cr.P.C. before the Family Court. At the same time, interim maintenance at the rate of Rs.20,000/- to the 1st respondent and Rs.10,000/- to the 2nd respondent was pressed into on the specific assertion that the respondents 1 and 2 did not have any means of maintenance. The further contention raised in the interim application was that the petitioner had been working as an Electronic Engineer at Bangalore and he had been earning Rs.45,000/- as monthly income.

4. The revision petitioner filed objection highlighting his illness, while admitting that he had been getting Rs.37,000/- as income and a subs