M GANESAN Vs. RENGANAYAGI

JUDGEMENT

(1.) THE revision is preferred as against the order passed in Crl.M.P. No. 2860 of 2009 in M.C. No. 31 of 2004 dated 26.10.2010 by the Judicial Magistrate, Thuraiyur and set aside the same and consequently set aside the order passed in M.C. No. 31 of 2004 dated 28.7.2006.

(2.) THE 1st respondent filed M.C. No. 31 of 2004 on the file of the Judicial Magistrate, Thuraiyur for maintenance for herself and for the 2nd respondent alleging that both of them are the wife and daughter of the petitioner respectively. In the petition for maintenance case, she has alleged that the marriage between herself and, this petitioner was solemnised on 23rd of Tamil Aani month, 1993 in Sivan temple at Thiruthalaiyur and out of the wedlock, the 2nd respondent was born.

(3.) THE learned Judicial Magistrate, Thuraiyur, on 28.7.2006 passed an order of maintenance in M.C. No. 31 of 2004 awarding a sum of RS.1,000/- per month for the 1 st respondent and RS.750/- for the 2nd respondent. Since this petitioner did not appear before the trial Court, the above said order was passed ex parte. THEreafter, the petitioner filed a revision petition in Crl. Revision No. 90 of 2006 on the file of the First Additional District Judge (PCR), Tiruchirapalli and the same was allowed on 28.12.2007, on condition that the petitioner has to pay a sum pf RS.1750/- to the petitioners from 14.7.2004 upto date within eight (8) weeks and in default, the petition shall stand dismissed. This petitioner preferred Crl. O.P No. 3330 of 2008 before this Court against the above said order. On 26.8.2008, he did not press the petition and hence it was dismissed. THEre was no further proceedings on this petition.