P. SURESH BABU Vs. N. PRIYA

JUDGEMENT

(1.) For the sake of convenience, the parties will be referred to by their names.

(2.) Priya (A.1) is the daughter of Natarajan (A.2) and Baby (A.3). Priya (A.1) got married to Suresh Babu (de facto complainant/petitioner herein) on 27.08.2004 and to Priya was born Jeeva Varshini. Their matrimonial life ran into rough weather and alleging that Suresh Babu was suspecting her fidelity and the paternity of Jeeva Varshini, Priya preferred H.M.O.P. No.74 of 2011 in the Sub Court, Arani, seeking divorce on the ground of cruelty. Suresh Babu entered appearance in that case. However, he was set ex parte and an ex parte decree was passed in H.M.O.P. No.74 of 2011 on 19.02.2015 in favour of Priya. Thereafter, Priya got married to Ramesh (A.4) on 22.03.2015.

(3.) In the meanwhile, Suresh Babu filed a petition in I.A. No.13 of 2015 in H.M.O.P. No.74 of 2011 before the Sub Court, Arani, on 10.03.2015, to set aside the ex parte order dated 19.02.2015 passed against him in H.M.O.P. No.74 of 2011. He also filed a private complaint on 07.04.2016 in the Court of the District Munsif-cumJudicial Magistrate, Ranipet against Priya, Natarajan, Baby and Ramesh under Sections 494 and 497 read with Section 109 IPC, which was taken on file as C.C. No.79 of 2006. In the meanwhile, the ex parte decree passed on 19.02.2015 in H.M.O.P. No.74 of 2011 in favour of Priya was set aside on 10.07.2015. Charges were framed for the aforesaid offences against Priya, Natarajan, Baby and Ramesh. Suresh Babu examined himself as P.W.1 and his father Palani as P.W.2 and marked three exhibits. From the side of the accused, no witness was examined nor any document marked.