MOHANAMBAL Vs. ANNADURAI

JUDGEMENT

(1.) The criminal revision is filed against the Order made in Crl.R.P. No. 47 of 2006 which is in turn against the order made in M.C. No. 20 of 2005. The wile, who is the petitioner in maintenance case is the petitioner herein. The maintenance case filed by the petitioner is among other grounds objected to as not maintainable before the Court of Judicial Magistrate-I, Vridhachalam.

(2.) It is contended by the learned-counsel for the respondent/husband that the petitioner is not living in the residential address as given in the petition which falls within the jurisdiction of Vridhachalam, but is living in Neyveli and Vridhachalam Judicial Magistrate-I has no territorial jurisdiction to try the maintenance petition filed by the wife. However, the parties entered the trial and let in evidence on merits and evidence was also let in to show that the petitioner was residing elsewhere outside the jurisdiction of Vridhachalam and not in the address as given in the petition, and the matter was allowed to proceed with and the case was subsequently disposed of in favour of the wife holding the legal objection as well as her claim on merits in her favour.

(3.) The trial Court has in its order dated 17.5.2005 found that the petitioner is living with her parents and the parents are living in S. Pudur and such finding is rendered materials made available by the petitioner and on the strength of admission made by the respondent to the effect that the petitioner has been, after leaving him, residing in her parents' house. The trial Court has also on facts held that the petitioner has been living away from her husband on sufficient ground and it is the husband who failed to take care of her and she is without any independent source of income and the respondent is bound to maintain her and awarded maintenance of Rs. 1,500/- per month and Rs. 2,000/- per year for other expenses.