S. MATHANAKUMARAN Vs. LEKSHMIKALA

JUDGEMENT

(1.) The Criminal Revision is directed against the order passed in M.C.No.30 of 2014, dated 22.11.2016 on the file of the Chief Judicial Magistrate, Nagercoil.

(2.) It is not in dispute that the marriage between the revision petitioner and the first respondent was solemnized on 20.08.2010 at Jesenth Mahal Marriage Hall in Punnai Nagar, Nagercoil as per Hindu Rites and Customs, that due to the wedlock, the second respondent was born to them on 01.08.2011, that the second respondent after birth is found to be suffering from genetic disorder / down syndrome, that subsequently there arose misunderstanding between the revision petitioner and the first respondent and that consequently, they are living separately. The first respondent for herself and for her minor son has filed the case in M.C.No. 30 of 2014 under Section 125 Cr.P.C., claiming monthly maintenance at Rs.8,000/- before the Court of the Chief Judicial Magistrate, Nagercoil.

(3.) The revision petitioner has filed the counter statement stating that the marriage was already dissolved on 05.05.2014 as per the agreement entered into between the revision petitioner and the first respondent and the first respondent had agreed not to claim any maintenance for her and agreed to receive Rs.1,00,000/- as maintenance for her minor son and that therefore, the present case filed by the respondent is legally not maintainable.