SEERANGAN Vs. SELVI

JUDGEMENT

(1.) The criminal revision petition is directed against the order of the learned Judicial Magistrate No.II, Metturdam, Salem District dated 14.12.2000 made in M.C.No.4 of 1992. Against the order granting maintenance at the rate of Rs.400/- per month in favour of the wife, husband has preferred the above revision.

(2.) According to the respondent herein - petitioner in M.C.No.4 of 1992, she married the petitioner herein on 29th Avani, 1990, according to their caste customs at Bhavani Kuduthurai Temple. From the said date, they lived together till June, 1991, when she was driven from her matrimonial home to get dowry from her parents. After panchayat, she was taken back by her husband on 08.10.1991 and again she was driven on 11.10.1991 and from there onwards, according to her, she is living separately. Since she is not possessed of any property and unable to maintain herself, she filed M.C.No.4 of 1992 for claiming maintenance at the rate of Rs.500/- per month.

(3.) The said petition was resisted by the petitioner herein - respondent therein, by filing a counter statement. It is stated that no marriage had taken place between him and the respondent herein and there is no relationship of husband and wife. He also denied the panhcayat said to have taken place. It is stated that he already married to one Mani @ Sakunthala and even now he is living with her. He further stated that out of their wedlock, a daughter by name Sudha was born to them and she is nine years old. According to him, the respondent was his kept mistress for a period of 1 years and he denied all other allegations made against him.