T K RAMKRISHNAN Vs. C N SUBADRA

JUDGEMENT

(1.) When should this Court agree to entertain a petition under Section 482 Cr. P. C. favourable Can even technicality be pressed into service to advance the interests of justice Unless the conscience of the court is satisfied that the interests of justice, as objectively perceived by the Court, are affected, is the Court obliged to invoke the extraordinary inherent jurisdiction these thoughts vex this Court in this case.

(2.) The petitioner has suffered an order under Section 125 Cr. P. C. to pay maintenance @ Rs. 800/- per month to the claimant, allegedly his wife. The claimant asserted that on 16-9-1979, in accordance with customary rites, the parties have entered valid matrimony. They allegedly lived together as man and wife. There was estrangement later and in 2003 the claimant/wife came to the learned Magistrate with a petition under section 125 Cr. P. C.

(3.) The husband admitted co-habitation for a long period of time but contended that it was not co-habitation as legally married spouses. He was married even earlier in 1966. He had a child in such relationship, as early as in 1980, a claim was made by the said wife under Section 125 Cr. P. C. and maintenance was granted to her in the 1980 claim. The claimant was a younger relative of the petitioner who lived in his house and helped him in domestic chores. There was no marriage at all.