SUSILAMMA Vs. CHANDRAPPA

JUDGEMENT

(1.) The petitioner has preferred the revision aggrieved against the orders passed by the learned Additional Sessions Judge, Dharmapuri at Krishnagiri made in Cri. R.C. No. 79 of 1994 dated 6-9-1995.

(2.) The case in brief is as follows :- The petitioner filed an application for maintenance against the respondent and claimed a sum of Rs. 500/- per month. The marriage between the petitioner and the respondent took place on 20-2-1993 in Soolagiri Police Station according to the custom prevailing in the community. Both of them lived an husband and wife at Peria Thinnanoor village for a period of 11/2 months. Thereafter, at the instigation of the family members, the respondent failed to take care of her and he had also married another girl. The respondent is getting a sum of Rs. 25,000/- per month, but the respondent opposed the application and stated that the alleged marriage on 20-2-1993 was done in the Police Station out of compulsion. He never took her to his village and led a marriage (married) life. Even before the alleged marriage dated 20-2-1993, the respondent already married and living with his wife. The petitioner and the respondent are neighbours and due to land dispute and previous enmity, the petitioner filed the application claiming maintenance. The learned Magistrate on the basis of the evidence of P.Ws. 1 to 3 and R.Ws. 1 to 5 and Exs. P.1 and P2 and Ex. D. 1 allowed the application and awarded a sum of Rs. 300/- per month by way of maintenance. Aggrieved against this, the respondent preferred revision before the Sessions Court in Crl. R.C. No. 79 of 1994 and the revision was allowed and the order passed by the trial Court was set aside on 6-9-1994 and aggrieved against this, the present revision petition has been filed by the wife.

(3.) The respondent/husband has been served, but in spite of service, neither the respondent appeared nor engaged any counsel. Heard the learned counsel for the petitioner.