UDAYAKUMAR Vs. R. KALAVATHI AND ANOTHER

JUDGEMENT

(1.) THIS is a petition to revise the order of maintenance awarded to the Respondents by the learned II Metropolitan Magistrate, Egmore, Madras, in M.C. No. 2162 of 1978.

(2.) THE present petition arises under the following circumstances. The first Respondent filed a petition against the Petitioner for maintenance for herself and for her child, the second Respondent, on the ground, she was married to him on 6th June, 1977, and the second Respondent was born to him. The marriage was registered in the presence of relatives and elders. After living for a few months together, disputes arose between the husband and wife, which resulted in the Petitioner trying to arrange for a betrothal for his second marriage with one Vinotha of Kolar Gold field, Mysore. The first Respondent was able to stop it. Ultimately, the Petitioner married as his second wife one Anbarasi. On 24th July, 1978, the Petitioner deserted the first Respondent which made her live in her parents' house. The second Respondent was born subsequently. She claimed maintenance of Rs. 200 per month for herself and Rs. 100 per month for the child.

(3.) THE learned Magistrate, after elaborately going into the contentions of both sides held that the document Ex.P3 , signed before the Registrar was voluntarily executed by the Petitioner and the first Respondent as they had decided to marry. He came to the conclusion that on 6th June, 1977, there was valid marriage between the Petitioner and the first Respondent and the first Respondent was the legally wedded wife of the Petitioner. He further found, there was no ground to suspect the chastity of the first Respondent and the second Respondent was born to the Petitioner. Finally, as the Petitioner was living with another wife, he held the Respondents were entitled to live separately and claim maintenance and awarded Rs. 100 per month to the first Respondent and Rs. 50 per month to the second Respondent towards their maintenance.