D. RAMAMURTHY Vs. MAHESWARI

JUDGEMENT

(1.) THE short facts of the case are as follows:- 1. The respondent herein / wife has filed a maintenance case in M.C.No.10 of 2006, on the file of Judicial Magistrate-I, Tirupatthur, against the revision petitioner herein / husband and claimed maintenance of a sum of Rs.10,000/- each for her and her two minor children. The respondent/wife further stated that the revision petitioner/husband married her on 27.03.1991 at Tirupatthur as per Hindu Rites and Customs. At the time of marriage, her parents had provided 25 sovereigns of gold jewelleries and a motorcycle besides all household articles. Out of wedlock, she gave birth to two children, viz, Mounika and Lokeswaran. The respondent further stated that her husband was employed at Madras Port Trust and earning Rs.40,000/-, including overtime. Besides he is also involved in real estate business and earning Rs.50,000/- per month. Her husband owns a house in Chromepet which is worth about Rs.50,00,000/-. Further, her husband has developed illicit relationship with his brother's wife and the same was questioned by her. Hence, the respondent/wife, minor children were driven from the matrimonial house. Hence, the maintenance case has been filed.

(2.) THE revision petitioner herein / husband has filed a counter statement. The revision petitioner admits the marriage and also admits that the two children were born through him. He submitted that his wife had developed illicit relationship with third parties and on that ground he has already initiated necessary steps for the custody of his children and also divorce from his wife. At the time of marriage, her father gave 10 sovereigns of gold jewelleries to his wife. Further, he was given 2 sovereigns of gold chain and a bracelet. His wife had taken all jewels from the matrimonial home while leaving the house. The revision petitioner/husband denied all the averments in the maintenance case about illicit relationship with his brother's wife. The revision petitioner further stated that he had taken a loan from his Department and constructed a house in Chromepet and he pays the installment on the loan regularly every month. The revision petitioner further denied that he is earning Rs.40,000/- including overtime. The revision petitioner further stated that his wife has developed illicit relationship with one Nirmal, who is residing in front of his house at Chromepet.

(3.) P .W.1 had adduced evidence that she and her two minor children were driven out from the matrimonial home on 05.11.2003. She further adduced evidence that her husband/respondent has developed an illicit relationship with his sister-in-law. She deposed that the second minor daughter is aged about 14 years and studying in IXth standard and the third minor son Logeswaran is aged about 11 years and studying in VIth standard. She further adduced evidence that her husband is working at the Port Trust and receiving a salary of Rs.40,000/- per month including overtime; besides he is doing real estate and share market business.