PACHAIMUTHU Vs. MINOR VISHANTHINI DAUGHTER OF PACHAIMUTHU

JUDGEMENT

(1.) This criminal revision case has been filed as against the order dated 14.10.2016 passed in M.C.No.1 of 2013 on the file the learned Judicial Magistrate, Palani.

(2.) The case of the second respondent is that she is the second wife of the petitioner. Since there was no issue between the petitioner and his first wife Jeyalakshi, with her consent and the family members, the petitioner married the second respondent on 25.03.2009 as per the customs of Hindu customs at Murugan Temple in Aavinan Kodi. Out of their wedlock, the second respondent gave birth to a female child [first respondent] on 23.11.2010, namely, Vishanthini and the petitioner was also taking care of them. However, after sometimes, often he picked up quarrel with the respondent wife and stared harassing the respondents. Even, he did not take care of the respondents and maintain them. Getting afraid of the attitude of the petitioner, the respondent wife along with her child went to her sister's house and started residing there with her sister. Subsequently, against the petitioner, the respondent wife lodged a complaint before the All Women Police Station, wherein, the petitioner agreed to pay maintenance to the respondents. But he did not pay any maintenance amount to the respondent as agreed by him. Therefore, the wife filed a petition before the learned Judicial Magistrate, Palani seeking maintenance on the ground that the petitioner was running a furniture shop and a textile shop and was having sufficient source, even then, he did not maintain the respondents.

(3.) The learned Judicial Magistrate, Palani by order dated 14.10.2016 allowed the petition insofar as the first petitioner is concerned, by ordering Rs.4000/- towards the expenditures for food, accommodation and medical and Rs.1000/- towards educational expenditure for the first respondent/daughter of the petitioner and the second respondent and dismissed the petition insofar as the second respondent/wife.