SARASWATHY Vs. N PALANISAMY

JUDGEMENT

(1.) The petitioners in MC 49/1995 on the file of the Family Court, Coimbatore have preferred the revision aggrieved against the order dated 15-10-98.

(2.) The case in brief is as follows : The petitioners filed an application under S. 125, Cr. P.C. claiming maintenance from the respondent at the rate of Rs. 400/- per month to the 1st petitioner and Rs. 300/- per month to the 2nd petitioner. The 1st petitioner is the legally wedded wife of the respondent and the 2nd petitioner is their daughter. Their marriage took place on 7-11-84 at Vinayagar Koil, Perur, Coimbatore as per Hindu Rites and customs and it was arranged by the elders of both the families. After the marriage they lived at Thoppur, Sathyamangalam in the house of the respondent for one month Later they shifted their residence from Sathyamangalam to Arunthathiyar Colony, B.R. Puram, Coimbatore. The first petitioner came to know that soon after the marriage the respondent has developed illicit intimacy with one Nagal of Thoppur and continued the same. When questioned, the respondent declared that he would continue to have the illicit affair. He began to ill treat her and in Feb. 85 while she was pregnant the respondent deserted her and eloped with Nagal to Madras. They stayed for a period of 6 months and returned to Sathyamangalam and the respondent and Nagal lived there. The first petitioner gave birth to a female child on 5-8-85 at CIC Hospital, Coimbatore and inspite of the information the respondent has not chosen to visit the mother and the child. A panchayat was also held at the instance of the first petitioner. But he was adamant. The first petitioner is now residing with her parents and she is unemployed. She is unable to maintain herself as well as the child. The 2nd petitioner is studying in the Corporation School. Legal notice was also issued, but there was no reply. The respondent is employed as a Sweeper in Sathyamangalam Municipality and is earning a monthly salary of Rs. 2000 per month. He also owns a house worth Rs. 75,000/- and claimed the maintenance amount.

(3.) The respondent resisted the application and stated that the first respondent is not his legally wedded wife. The 2nd petitioner is also not his daughter. Nagal is the legally wedded wife of the respondent and their marriage was solemnized on 23-2-83 at Vinayagar temple, Sathyamangalam. The respondent is not at all in anyway connected wih the birth of the 2nd petitioner. His sister was residing at Arunthathiar Colony, B. R. Puram, Coimbatore till Jan. 90. The respondent used to visit his sister often. The 1st petitioner is the legally wedded wife of one Selvan and she was residing near Pioneer Mills, CMC Colony, Coimbatore. She deserted her husband and was living in her parents house near the house of the sister of the respondent. Her parents requested the sister of the respondent to arrange for the marriage of the 1st petitioner to him, but the respondent and his sister explained the fact that the respondent is already married and declined the proposal. Engaged by the refusal, the revision petition has been filed on false grounds. This has been filed only to extract money. Reply notice was also sent and it was acknowledged by the counsel for the petitioners. His total monthly salary is Rs. 1100/- after deduction. He is not owning any house property, but residing only in his father's house.