G.ASHOKKUMAR Vs. P.N.ILAMATHI

JUDGEMENT

(1.) This Criminal Revision Case has been filed as against the order dated 30.11.2015, passed in M.C.No.15 of 2005 by the learned Additional District Munsif cum Judicial Magistrate, Manamadurai.

(2.) The petitioner, who is the husband of the respondent, has successfully evaded the maintenance application nearly for 15 years. The marriage between the petitioner and the respondent was solemnized in the year 2004 and thereafter, the respondent is said to have lived together along with the petitioner and his parents at Vedapatti till 20.01.2005. The petitioner got a job opportunity in Hosur and now, he is working as an Engineer in a Private Company at Hosur.

(3.) The respondent/wife filed a petition for maintenance under Section 125 Cr.P.C stating that this petitioner/husband deserted her and he has also taken her jewels and srithana articles with him and she was also driven out from the matrimonial home on 20.01.2005. Therefore, she lodged a complaint before the Manamadurai All Women Police Station and a case has also been registered as against the petitioner in Crime No.3 of 2005 for the offences punishable under Sections 498 (A) and 406 IPC . This petitioner also filed a petition before the Family Court, Coimbatore, in H.M.O.P.No.165 of 2005 for restitution of conjugal rights, but, when the matter was listed for counselling, this petitioner/husband was deliberately absent and therefore, H.M.O.P.No. 165 of 2005 was dismissed for default. Since the respondent/wife was depending on her parents for her livelihood, she filed a petition in M.C.No.15 of 2005 for maintenance before the learned Additional District Munsif cum Judicial Magistrate, Manamadurai. The said maintenance petition was allowed by the trial Court, vide order dated 30.11.2015. Aggrieved over the same, the present Criminal Revision Case has been filed on the following grounds.