ELIZABETH PAUL Vs. PAUL ITHAPPIRI

JUDGEMENT

(1.) The prayers in the above Original Petition (Crl) filed under Article 227 of the Constitution of India is as follows:

(2.) Heard Sri.T.Sanjay, learned counsel appearing for the petitioner (wife) and the learned Prosecutor appearing for the State. It is submitted that inter alia though the respondent herein has been duly served by affixture process on 22-10-2019 as he is now abroad, he has not chosen to enter appearance so far. According to the petitioner, she has been deserted by the respondent herein (husband) since the year 2004 and that she has reliably learnt that he is having extra marital relationship with another women in Iran and that now he is leading immoral relationship with another women who belongs to philippines. According to the petitioner, the respondent herein is employed in Dubai and earning a monthly salary of more than Rs.2.5 Lakhs and that he is a qualified Diploma holder in Engineering etc,. That due to the extreme financial difficulties of the petitioner she was not able to defend her maintenance claim before the Family Court and that which has been dismissed for default and that this Court may order to list all the cases so that the maintenance claim could be decided on merits after hearing both sides.

(3.) Sri.P.Sanjay, learned counsel appearing for the petitioner has placed reliance on various decisions of Apex Court in support of his contentions, which reads as follows. In Bhuwan Mohan Singh v. Meena & Ors. [(2015) 6 SCC 353] the Hon'ble Supreme Court held that: