MARIYA SINGARAJ Vs. POULIN ANBU SELVI

JUDGEMENT

(1.) THE Petitioner/Husband has projected the instant Criminal Revision Petition as against the order dated 20.08.2007 in Cr.R.C.No.11 of 2006 passed by the Additional District Judge (Fast Track Court), Ramanathapuram, in reversing the order dated 24.01.2006 in M.C.No.14 of 2004 passed by the Learned Judicial Magistrate, Paramakudi.

(2.) THE Learned Additional District Judge (Fast Track Court), Ramanathapuram, while passing the order on 20.08.2007 in Crl.R.C.No.11 of 2006 (filed by the Respondent Wife as Petitioner) has among other things observed that " the Respondent (Husband) and the Petitioner (Wife) are Husband and Wife and because of the Respondent (Husband)'s second marriage, they are residing separately and because of the Husband's second marriage, the first Wife is entitled to live separately and as such, in view of the fact that she has no adequate facilities to protect herself/maintain herself and at the same time, the Respondent (Husband) is in good position and therefore, he is liable to pay a just maintenance to the Wife and resultantly, directed the Respondent /Husband (Revision Petitioner before this Court) to pay a monthly maintenance of Rs.500.00 to the Wife and set aside the order dated 24.01.2006 passed by the Learned Judicial Magistrate, Paramakudi in M.C.No.14 of 2004. Also, a direction has been issued that the Respondent/Husband should pay a sum of Rs.500.00 towards monthly maintenance to the Wife from the date of filing of the Maintenance Case Petition and consequently the Revision Petition filed by the Wife has been allowed by the trial Court.

(3.) ACCORDING to the Learned counsel for the Petitioner/Husband, the Respondent/Wife got married to the Revision Petitioner/Husband on 14.09.1984 as per customary rights and in between them, no issues were born as a result of the wedlock and according to the case of the Respondent/Wife, the Revision Petitioner/Husband got irritated and harassed her in spite of the elder's advice and he left the marital house and started living with one Muneeswari on account of the second marriage with her held on 10.01.2000.