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Judgment
Pratap Singh, J.—The Respondent in M.C. No. 2 of 1991 on the file of the Judicial Magistrate, Dharapuram, has filed this petition under
Sections 397 and 401, Code of Criminal Procedure to set aside the order passed in M.C. No. 2 of 1991 in and by which the Petitioner herein
was directed to pay maintenance at the rate of Rs. 200/- per month by the learned Magistrate.
The learned Counsel for revision Petitioner contends that the Respondent has got a son who is also earning and u/s 125(1), Code of Criminal
Procedure, the son is also obliged to maintain his parents and this factor has not been taken note of by the trial Court. He drew my attention to
Paragraph 7 of the order in which the learned Magistrate has stated that the Respondent was living with her son all through, and two years ago her
son got married and is living separately and her mother also had died and hence she is now living separately.
I am clear that the existence of a son, who is also earning and who is also under law obliged to maintain his father or mother, would not absolve
the husband to maintain his wife in certain circumstances. The liability of the husband to maintain his wife u/s 125(1)(a) is not subject to the right of
the mother to got maintenance u/s 125(1), Code of Criminal Procedure. Hence, I am not able to accept the only ground urged by the Petitioner''s
counsel.
In the above circumstances, I do not find any merit in the revision and it does not deserve to be admitted. This revision is, therefore, dismissed.