P. KANNAN Vs. K. RENUKA

JUDGEMENT

(1.) THE Revision Petitioner/Husband has filed the instant Criminal Revision Petition as against the Judgment dated 26/3/2008 in Crl.R.C.No.28 of 2007 passed by the Learned Principal District Judge, Theni, in reversing the order dated 23/10/2007 in M.C.No.18 of 2007 passed by the Learned Chief Judicial Magistrate, Theni in allowing the Maintenance Petition filed by the Respondent/Wife.

(2.) THE Learned Principal District Judge, Theni, while passing the Judgment/Order in Crl.R.C.No.28 of 2007, on 26/3/2008 has among other things observed that "the Respondent (Revision Petitioner) is to maintain legally the wife (Revision Petitioner before the District Court and the Respondent before this Court) and taking into account the Respondent's (Revision Petitioner/Husband) present income status, circumstances, awarded a sum of Rs.1,000/- from the date of filing of the petition to the Respondent/Wife and accordingly, set aside the order dated 23/10/2007 passed by the trial Court in M.C.No.18 of 2007 and allowed the Revision accordingly.

(3.) ACCORDING to the Learned Counsel for the Revision Petitioner/Husband, the Learned Principal District and Sessions Judge, should have seen that the Respondent/Wife as P.W.1 before the trial Court has categorically admitted that she has gone to her parental home on her own and deserted the husband (Revision Petitioner) which has been proved as per Ex.R.1 Letter written by her and therefore, she is not entitled to claim maintenance.