TAJUDDIN Vs. S BIBIJOHN

JUDGEMENT

(1.) THE respondent-husband in M.C.No.19 of 2005 is the revision petitioner herein. THE criminal revision is filed against the order dated 25.9.2007 made in M.C.No.19 of 2005 on the file of the Judicial Magistrate, Gudiyatham awarding maintenance of Rs.500/- per month to the wife/respondent herein.

(2.) THE parties are referred to as per their rank in M.C. According to the petitioner, the petitioner who was the widow and the respondent got married on 22.1.2003 and they set up their family at Gudiyatham where they lived together as husband and wife for 2 years and thereafter the respondent started harassing the petitioner by saying that had he married elsewhere, he would have got Rs.50,000/- as dowry and the petitioner who is elder to him was subjected to torture and harassment and the respondent also sold 5 sovereign gold belonging to the petitioner. Though she lodged a complaint at Gudiyatham Police station, no action was taken on the same and the same was closed without further action which compelled the petitioner to come forward with M.C.No.19 of 2005 seeking maintenance. THE petition was seriously resisted by the respondent by denying either any marriage or living together relationship between the petitioner and himself. THE respondent totally denied any acquaintance with the petitioner.

(3.) THE learned counsel for the petitioner would justify the correctness of the order by relying upon the statement of the respondent before the police and the outcome of the enquiry held by the Police upon her complaint.