BALASUNDARAM Vs. SANTHI

JUDGEMENT

(1.) BALASUNDARAM and Santhi are spouses their marriage having been solemnized on 15.7.1985 according to Hindu Custom at Periyari Village, Athur Taluk. The spouses were unable to derive, even at the inception, the matrimonial blise and happiness, as a consequence of the development of incompatibility of temperment due to their having been brought up in different strata of atmosphere. Want of cordial atmosphere, it is alleged, came to prevail also by reason of demand of dowry. The wife, under the facade of the alleged demand of dowry, was stated to have unjustly deserted the husband and took shelter in her parents" house, which was stated to have given rise to a cause for the husband to resort to initiation of proceedings praying for restitution of conjugal rights, which was numbered as H.M.O.P.No.24 of 1991 on the file of the Subordinate Judge, Salem.

(2.) THE wife, of course, resisted the claim of the husband for restitution of conjugal rights, by entering appearance therefor. She also appeared to have instituted proceedings claiming maintenance under Sec.125 of the Code of Criminal Procedure, 1973 (for short "the Code"), which was taken on file as M.C.No.4 of 1991 on the file of the Judicial Magistrate No.IV, Salem and the same is now stated to be pending as M.C.No.1 of 1992 on the file of the Additional Assistant Sessions Judge, Salem, as consequence of transfer.

(3.) IN support of such a contention, learned counsel appearing for the petitioner would place implicit reliance on the decision of this Court in C.Ramanathan v. Revathy, 1989 T.L.N.J. (Crl.) 119, wherein David Annoussamy, J., of this Court said: