MR. CLEMENT CAROL, REP. BY DULY CONSTITUTED POWER OF ATTORNEY, MR. P. CAROL, S/O. PONNAIAH Vs. MRS. JAYANTHI MARIA VALENTINE, D/O. MR. JULES BERNARDINE, W/O. CLEMENT CAROL

JUDGEMENT

(1.) THE appellant in the above Civil Miscellaneous Appeal No. 3507 of 2009 is the husband of the respondent. The appellant initially filed IDOP No. 140 of 2006 before the District Court, Cuddalore, against the respondent herein under Section 10 (1) (vii) and (x) and Section 19 of the Indian Divorce Act, 1869 seeking a decree of nullity of marriage between the parties, dated 22.08.2003, on the ground of impotency of the respondent at the time of marriage and at the time of institution of the said petition and alternatively sought for a decree dissolving the marriage between the appellant and the respondent on the ground of cruelty and on account of non -consummation of marriage due to wilful act of the respondent. The said petition was later transferred to the file of the Family Court at Puducherry and re -numbered as MOP No. 30 of 2008.

(2.) THE respondent / wife filed M.C. No. 38 of 2007 before the Family Court, Puducherry, under Section 125 (a) of the Criminal Procedure Code seeking a monthly maintenance of Rs. 50,000/ - from the appellant.

(3.) BEING aggrieved by the same, the appellant has filed the above appeal against the judgment and decree passed in M.O.P. No. 30 of 2008 and Crl. R.C. No. 1253 of 2009 against the order passed in M.C. No. 38 of 2007. Not being satisfied with the quantum of maintenance awarded by the Family Court, Puducherry, the respondent has filed Crl. R.C. No. 1810 of 2011 seeking enhancement of maintenance.