O R D E R

This Criminal Revision is directed against the order passed in Maintenance Case No.48 of 2019, dated 16.03.2021 on the file of the Family Court, Tirunelveli.

2.It is seen from the records that the marriage between the petitioner/husband and the 1st respondent/wife was solemnized on 14.06.2006. Out of the wedlock, they begotten two child, who is the respondents 2 and 3 herein. Due to matrimonial tiff, the respondents herein filed MC No.48 of 2019 on the file of the Family Court, Tirunelveli, seeking maintenance for her and her two child, namely the respondents 2 and 3 herein. After full fledged trial, the trial Court partly allowed the MC No.48 of 2019 filed by the respondents herein, by order, dated 16.03.2021 and thereby awarded monthly maintenance for a sum of Rs.5,000/- each to the respondents 1 to 3 herein. Aggrieved by the order, dated 16.03.2021 made in MC No.48 of 2019, on the file of the Family Court, Tirunelveli, the petitioner/husband is before this court.

3.Heard the learned counsel appearing on either side and perused the materials available on record.

4.The main contention raised by the petitioner/husband is that though the petitioner is ready to lead a life with the respondents, the trial court ordered to pay a sum of Rs.15,000/- to the respondents as maintenance and it is the 1st respondent/wife, who is unwilling to live with the petitioner/husband and now, the 3rd respondent is living with this petitioner and the petitioner is taking care of him and the petitioner is also paying the rent of Rs.3,500/- per month for the house, where the respondents 1 and 2 resided and hence, the petitioner/husband is not liable to pay any maintenance and prays that the Criminal Revision has to be allowed.

5.On the other hand, the learned counsel appearing for the respondents submitted that the petitioner/husband lived with another lady and due to it, he drove his wife from the matrimonial home and the 1st respondent/wife has no means to maintain her and her children and the petitioner/husband is liable to pay maintenance to the respondents and prays that the Criminal Revision has to be dismissed.

6.It is admitted on both sides, the marriage solemnized between the petitioner/husband and the 1st respondent/wife and the respondents 2 and 3 are their child. In this case, it is to be decided whether without any sufficient cause, the 1st respondent/wife deserted from the matrimonial home and whether the 1st respondent/wife has means to maintain her or not.

7.Further, it is admitted on both sides that the petitioner/husband is working as a Driver in Tamil Nadu Transport Corporation. Before the trial court, the petitioner/husband himself was examined as RW1. He deposed that he is working as a Driver in the Tamil Nadu Transport Corporation and he was earning Rs. 60,000/- per month. Before the trial court, the 1st respondent/wife was examined as PW1. PW1 stated during her evidence that she has no means to maintain her and her elder daughter.

8.At this juncture, it is necessary to refer Section 125 of the Criminal Procedural Code, which would run thus:-

“125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or (b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or (c) his legitimate or illegitimate child (not being a married daughter) who has attained majority, where such child is, by reason of any physical or mental abnormality or injury unable to maintain itself, or (d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may fro