C P CHITRA Vs. K MYILSAMY

JUDGEMENT

(1.) THE revision petitioner herein / petitioner has preferred the present revision against the order passed in M.C.No.20 of 2007, on the file of the Chief Judicial Magistrate, Erode District, dated 20.11.2008, dismissing her petition for monthly maintenance and has prayed to set-aside the said order.

(2.) THE petitioner / wife's case is as follows:- The petitioner / wife married the respondent/husband on 11th April 1984 at Gopi Seetha Marriage Hall as per Hindu Rites and Customs. After the marriage, both of them lived in their matrimonial home at the husband's place situated at Punchai Pulliampatti, Kanuvukarai Village. Out of wedlock, a male child was born to them, who was named as Karthikeyan. At the time of marriage, the wife's parents had given 23 sovereigns of gold and Rs.50,000/- cash and other articles as "seethana" to her husband. The husband was employed in real estate business and finance. Subsequent to the marriage, her husband had begun to beat and torture her. He had also pestered her to bring a further dowry of Rs.75,000/- from her parents. She had also acceded to all his demands. Her husband also had the habits of drinking liquor and playing cards. During such periods, when he was in a drunken mood, he used to beat her, frequently. He also did not provide her with even the basic household amenities, needs like rice, pulses etc. In spite of his torture, she stayed at the matrimonial home taking into account the welfare of her son and herself. Subsequent to this, in the year 2003, her husband had married one Sumathi, at Punchai pulliampatti Adhiparasakthi Manram. On questioning her husband about this marriage, he had turned her and her son out of the house. The wife had further stated that she and her son were living at her relative place at Erode for the last four years. It is further stated that a complaint regarding her husband's marriage with the said Sumathi was lodged before the Avinashi Police Station. She had further stated that a case regarding the illegal wedding of her husband was filed before the Sathyamangalam Sessions Court. The petitioner has therefore claimed a monthly maintenance of a sum of Rs.5,000/- from the respondent / husband, for her basic needs of food, clothes, accommodation and medical expenses.

(3.) THE learned Chief Judicial Magistrate, Erode had taken the said case in the file as M.C.No.20 of 2007. On the petitioner's side, the petitioner, Chitra was examined as P.W.1 and one document viz., i.e, the marriage invitation card dated 11.04.1984 was marked as Ex.P1. On the respondent's side, Mayilsami, the husband of the petitioner was examined as R.W.1 and one Gurusami was examined as R.W.2 and no document was marked.