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.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.

(2.) It is further alleged that this petitioner was leading a life with one Padma who was already married to one Kanagaraj and through whom she was having one male child and a female child among whom the male child died and that she hauled up him for leading a life with one married woman for which the petitioner told that if she wanted to live with him, she might stay with Padma, otherwise she might reside in Singalanthapuram and that the husband of the said Padma died three years back. For some time, the petitioner was paying 300/- per month and afterwards it was 400/- and then he discontinued the same. Hence, the respondent had claimed a sum of 1,000/- for herself and 750/- for her minor daughter as maintenance.

(3.) In the counter filed by this petitioner, he has denied the marriage between him and the 1st respondent. He would submit that the marriage between him and Padma was solemnised on 6.6.1982 and the same was registered in Pudukottai Sub Registrar office vide Regn. No. 78 of 1982. Since the 1st respondent was disturbing the marriage life of Padma, she filed a suit in O.S. No. 311 of 2004 on the file of the District Munsif Court, Pudukottai for permanent injunction against this 1st respondent. From 6.6.1982 onwards, the petitioner has been leading marriage life with Padma.