K SIVASANKARA BOOPATHY Vs. SHANTHI

JUDGEMENT

(1.) This revision is directed to revise the order of the learned Chief Judicial Magistrate, Tuticorin made in M.C. No. 20/2006 dated 28.04.2009 awarding maintenance to the Respondents at the rate of Rs. 1,000/- per month each to the Respondents 1 to 3 payable from the date of the petition.

(2.) It is not disputed that the first Respondent is the wife of the Petitioner and the Respondents 2 and 3 are his minor son and daughter. The marriage between the Petitioner and the first Respondent was solemnized on 05.06.1996 at Vikkiramachingapuram, Tirunelveli District.

(3.) According to the Petitioner, the first Respondent had not acted as a dutiful wife and she had not adjusted with the family members of the Petitioner and further, she deserted the Petitioner and went to her parent's house with her children. It is further stated that all the sincere attempts of the Petitioner for reunion ended in vain. It is further submitted that the Respondent has suffering means to maintain herself and the children as her father is a person of means. It is contended that the father of the first Respondent is drawing a sum of Rs. 6,000/- per month as pension and he owns 17 residential houses, which had been leased out to various parties and he is receiving Rs. 20,000/- per month as rent from those houses. He had further stated in his counter that the father of the 1st Respondent is owning bulldozers, lorries, tractor and omini van and by running those vehicles also, he is drawing an income of Rs. 50,000/- per month and that the first Respondent is working as a teacher in a school and getting a salary of Rs. 6,000/-per month. That apart, there are immovable properties and cultivable lands in the name of the first Respondent. He would submit that the Petitioner has no means, source of income and he has no lands and other immovable properties in his name and therefore, he is not in a position to pay any maintenance to the Respondents.