K SENTHILNATHAN Vs. JAICHITRA

JUDGEMENT

(1.) The petitioner herein is the respondent in M.C.No.11 of 2007 on the file of the learned Chief Judicial Magistrate, Cuddalore. The respondent herein filed an application under Section 125 Cr.P.C. against the petitioner herein claiming maintenance. The respondent/wife also filed proof affidavit for letting in evidence. At this stage, the petitioner herein filed an application under Section 258 Cr.P.C. to stop the proceedings on the ground that the Family Court, Chennai granted divorce declaring that the petitioner's wife is a person of unsound mind and as such she is disqualified from adducing evidence before the Court. The said Judgment and decree passed by the Family Court is still in force. The learned Magistrate dismissed the said application filed by the petitioner. Aggrieved by the said order of the learned Chief Judicial Magistrate, the petitioner has preferred this revision.

(2.) The learned counsel for the petitioner submitted that the learned Magistrate had dismissed the petition of the petitioner based on document Ex.R1 produced by the respondent herein and the said document is nothing but a mark sheet given by Annamalai University and it is not a medical fitness certificate. The learned counsel for the petitioner further submitted that the learned Magistrate erred in holding that the respondent herein is a competent person to adduce evidence. The learned counsel further submitted that prejudice would be caused to the petitioner by compelling him to cross examine the respondent, who is of unsound mind.

(3.) This Court perused the records.