SUNDARARAJAN Vs. ASHOK KUMAR

JUDGEMENT

(1.) These proceedings arise out of M.C. 102/84 filed by the respondents herein under Section 125 Cr. P.C. in the Court of the Judicial First Class Magistrate, Chidambaram, seeking maintenance from the petitioner.

(2.) The claim was made on the averment that the first respondent was married to the petitioner on 26-3-80, they lived together in the house of the petitioner at Ranipet for three months, that in Adi 1980 she went to her elder sister Ranganayaki's house at Chidambaram, where, since she became fatherless even as a child, she had been brought up by her elder sister and her husband Dhamodharan, who had arranged and conducted her marriage, that the petitioner showed no interest in marital life and did not take her back, that the petitioner was then in Cuddaiore, where the first respondent lived with him for six months during which period, the second respondent was conceived, that she came to her elder sister's house for delivery and the second respondent was born 13.6.1981 but the petitioner never came and took back the respondents. Instead, he filed a petition for divorce at Vellore and since she had no means to conduct the case, she suffered an exparte decree and on the basis of that decree, the petitioner has married again and though she is employed in Nutritious Meal Centre, getting a monthly pay of Rs. 175/-she needs money for the expenses for the education of the second respondent, and some more money for her own maintenance, the petitioner having means had failed and neglected to maintain them. She had therefore, sought Rs. 500/- as monthly maintenance for them both and Rs. 1000/- per year for the expenses of clothing.

(3.) The petitioner resisted the claim, admitting the marriage with the first respondent but denying the other averments, as well as the paternity of the second respondent and alleged that the first respondent was living in adultery with her elder sister's husband Dhamodharan and on coming to know about it, he filed a petition in the Court of the Subordinate Judge, Vellore for divorce and the same had been decreed and the respondents have means to maintain themselves.