R MANI Vs. SELVI

JUDGEMENT

(1.) THE respondents herein (Crl.R.C.No.684 of 2011) had filed a maintenance case in M.C.No.14 of 2010, on the file of Judicial Magistrate-II, Attur, Salem District against the revision petitioner herein / husband stating that the first respondent / wife had married the revision petitioner herein on 23.06.1993, at Puliankurichi Villagge, Attur Taluk, at the residence of the father of the first respondent. At the time of marriage, 15 sovereigns of gold jewelleries, household articles and cash of Rs.50,000/- were provided to the revision petitioner herein. The first respondent gave birth to two children through her husband. About four years ago, the revision petitioner had tied the minor children and tortured them and also prevented them from going to school. The revision petitioner had refused to lead his marital life with the first respondent as she has been affected by a disease. The revision petitioner used to come along with his friends late at night and ask her to prepare meat for consumption along with alcohol. Under the circumstances, the first respondent, left the matrimonial home, taking her children along with her. The first respondent further stated that the revision petitioner possesses four acres of cultivable land and is a render of milk. Besides this, he also leads money on interest basis. He is also having a paddy harvesting machine, through which he is also getting income. As such, he is earning about Rs.7,00,000/- per year. The revision petitioner has also developed illicit relations with women. Therefore, the first respondent herein has claimed a monthly maintenance of Rs.4,000/- each to her and her two children.

(2.) THE revision petitioner / husband had filed a counter statement and resisted the maintenance case. He had admitted the marriage and also admitted that the children were born to him. He had categorically denied that he was drinking habit and has denied that he has illicit relationship with women. Actually, he has been affected by hypo thyroid disease. He further stated that he had provided good education to the children. Immediately after marriage, the first respondent was not interested to lead her matrimonial life with the revision petitioner and had asked him to settle the entire property in her favour. The first respondent had demanded transfer certificates of the minor children from the school. The school authorities told her to bring the father of the minor children. Thereafter, the first respondent had conducted dhrama in front of the Collector's office and also informed to the higher officials that she would commit suicide if the transfer certificates are not issued to the minor children. The revision petitioner further stated that on 15.06.2003, she had lodged a false complaint to the Deputy Superintendent of Police, who had conducted enquiry and effected a compromise amongst them. Thereafter, she had her marital life with the revision petitioner for a period of six months. Subsequently, without informing the revision petitioner, she left the matrimonial home with her minor children. Again, the first respondent herein lodged one more criminal complaint with the All Women Wing Police Station, Kallakurichi, alleging that the revision petitioner is demanding dowry. The revision petitioner had also made representation before the legal aid committee, Kallakurichi and has sought for compromise. The first respondent had already filed a similar case in M.C.No.21 of 2009, on the file of Judicial Magistrate, Kallakurichi. Now, the first respondent is working at Tagore School, Deviyakurichi. The revision petitioner possessed three acres of cultivable land but the said land is subject to a civil suit. The revision petitioner further stated that he does not have any income and that he suffers from thyroid disease. Hence, he has prayed for dismissal of the said maintenance case.

(3.) P.W.1 had adduced evidence tating that she had married R.W.1. on 23.06.1993 at her parent's house situated at Puliankurichi Village, Attur Taluk. At the time of marriage, her parents had gifted 15 sovereigns of gold jewelleries and cash of Rs.50,000/- and "seethana" articles. She further stated that her husband tortured the minor children and also prevented them from attending school. She further stated that her husband used to come along with his friends to the house, in a drunken mood and asked her to prepare meat. She further stated that due to the torture of her husband, she had left the matrimonial home along with her children. She further stated that her husband earns Rs.3,00,000/- per annum through paddy harvesting machine and he possess cultivable land. In order to establish her case, she had marked the above mentioned exhibits.