This criminal original petition has been filed to set aside the order passed by the learned Principal Sessions Judge, Madurai in Cr.R.P.No.23 of 2010 dated 16.08.2010, confirming the order passed by the learned Chief Judicial Magistrate, Madurai in M.C.No.43 of 2009 dated 07.05.2010.
2.No representation on behalf of the petitioner as well as the first respondent. Heard the learned Government Advocate (criminal side) for the State/second respondent.
3.This criminal original petition has been filed by the father against the order granting maintenance to his minor daughter. After giving birth to the child, the spouses got separated and the first respondent minor girl is under care and custody of her maternal grandfather. After divorce, both the spouses got remarried and settled in their life.
4.The contentions raised by the revision petitioner are that he is willing to take the respondent minor girl under his care and custody and he disputed his alleged income as to the quantum of maintenance. Parentage of the child is admitted. The revision petitioner has not taken any steps to take custody of the minor child from the maternal grandfather. While awarding maintenance, the Courts below considered that R1, who is the petitioner herein even if doing coolie work and he is expected to earn not less than Rs.7,500/- per month and arrived at the maintenance amount to the minor girl child aged about 14 years at Rs.2,000/-. This Court does not see any reason to interfere with the orders of the learned Principal Sessions and Judge.
5.In fine, this criminal original petition is dismissed. Consequently, connected miscellaneous petition is also dismissed.
To
1.The Principal Sessions Judge, Madurai,
2.The Chief Judicial Magistrate, Madurai.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..