S NATESA PILLAI Vs. JAYAMMAL

JUDGEMENT

(1.) THIS is a revision petition filed by the husband against the order of the Additional First Class Magistrate, Trivellore, who refused to set aside the order of maintenance passed in favour of the respondent and against the petitioner herein. In M. C. No. 38 of 1957 the respondent got an order of maintenance against the petitioner herein. As per that order she is getting maintenance at the rate of Rs. 80 per month. It is alleged by the petitioner that subsequently the respondent came and lived with him and then again separated.

(2.) AFTER the separation, a further attempt was made to reconcile them. In this further attempt a sale deed was also executed for the arrears of maintenance and before the Panchayatdars an agreement Ex. P-2 was signed by both the husband and the wife stating that they will live together. The evidence of P. W. 2 who was a Panchayatdar, shows that at the Panchayat they suggested that a house must be fixed at Ayanavaram for the parties to live together.

(3.) EXHIBIT D-1 is the letter written by D. W. 2 to the father of the respondent. That shows that a house had been fixed up, and advance rent paid and the father was asked to come with his daughter the very next day after the receipt of the letter. Ex. D-2 is the reply of the father of the girl to his letter. In this he refers to the receipt of the letter written by D. W. 2 and points out that personally he has no objection to sending his daughter but his relations were giving him trouble, the reason being that on several previous occasions she had undergone several troubles and mediation was effected and on that account whatever might have happened be pacified them and sent her but did not get a good name and everybody was angry with him. He writes 'what if the decree is not cancelled. What harm will be caused to him. It appears if such conduct happens, no good will result in their lives'.