IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 23RD OCTOBER 2008 / 1ST KARTHIKA 1930 Crl.MC.No. 3974 of 2008 ---------------------------------- (CRL.R.P.NO.190/2005 OF IST ADDITIONAL SESSIONS COURT, PALAKKAD) ............ PETITIONER(S)/ REVISION PETITIONER/ COUNTER PETITIONER: --------------------------------------------------------------------------------------------- ABDUL AZEEZ, AGED 38 YEARS, S/O. POCKER, MANKADAKUZHIYIL HOUSE, NAYADIPARA, ARIYOOR DESOM, MANNARKKAD. BY ADV. SRI.MANSOOR.B.H. RESPONDENT(S)/ PETITIONERS: ----------------------------------------------- 1. NASEEMA, AGED 32 YEARS, D/O. ABDU, MADAYAKULAVAN HOUSE, VENGAKURISSI, CHANGALEERI DESOM, MANNARKKAD. 2. RASHEED, AGED 11 YEARS, MINOR, REP. BY IST RESPONDENT. 3. RAFEEQU, AGED 6 YEARS, MINOR, REP. BY IST RESPONDENT. 4. RAMSHEENA, AGED 5 YEARS, MINOR, REP. BY IST RESPONDENT. 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.3974 of 2008 ---------------------------------------- Dated this the 23rd day of October 2008 O R D E R The petitioner in this application under Section 482 Cr.P.C challenges an order passed under Section 125 Cr.P.C obliging him to pay maintenance at the rate of Rs.500/- per mensum to his wife and Rs.300/- per mensum each to his three minor children. 2. Maintenance was awarded by the learned Magistrate. In revision, the learned Sessions Judge rejected the challenge against the order. A second revision is not maintainable under Section 397(3) Cr.P.C and that explains why the petitioner has affixed the label of Section 482 Cr.P.C to this application. At the outset, it must be noted that the law does not permit a second challenge in revision. That bar is certainly not an effective and complete answer to a petition under Section 482 Cr.P.C. Where the interests of justice compellingly demand such a course, notwithstanding the fact that the second revision is barred, this court has jurisdictional competence to invoke the extraordinary inherent powers under Section 482 Cr.P.C to interfere with a Crl.M.C.No.3974/08 2 concurrent order passed under Section 125 Cr.P.C. The only question is whether such satisfactory, compelling and exceptional reasons are there to justify the invocation of the jurisdiction under Section 482 Cr.P.C. 3. Marriage is admitted. Paternity is not disputed. Separate residence is conceded. While the wife asserted that cruelty emanating from the petitioner is the reason for her separate residence, the husband contended that the wife has no valid reason whatsoever to take up separate residence. On this aspect, there was only the oral evidence of the claimant/wife as PW1 and the husband/petitioner herein as CPW1. The court below, called upon to choose between the oral evidence on oath of PW1 and CPW1, took note of the crucial circumstance that while the wife has chosen to justify her separate residence on the ground of cruelty, the husband was not able to offer any satisfactory reason to explain the separate residence of his wife who has the burden to look after and maintain three infant children born in the matrimony. In any view of the matter, the discretion shown by the court below to prefer to accept and act upon the oral evidence of PW1 to that of CPW1 is found by me to be eminently fair, reasonable and just. At any rate, powers Crl.M.C.No.3974/08 3 under Section 482 Cr.P.C do not deserve to be invoked to interfere with such discretion in the matter of preferring of evidence for acceptance. 4. The quantum of maintenance awarded is only Rs.500/- for the wife and Rs.300/- each for the three children. In any view of the matter, the discretion exercised in fixing the quantum of maintenance does not deserve to be interfered with. 5. No other ground of challenge is raised. This Crl.M.C is in these circumstances dismissed. (R.BASANT, JUDGE) jsr Crl.M.C.No.3974/08 4 Crl.M.C.No.3974/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008