PASUVARAJ Vs. SARASWATHI

JUDGEMENT

(1.) THE unfortunate respondents, the wife and child who claimed maintenance are deaf and dumb by birth.

(2.) THE wife Mrs. Saraswathi, filed the petition on her behalf and on behalf of her minor son, claiming maintenance from her husband, the petitioner herein in M.C. No. 21 of 1990, on the file of Judicial Magistrate, Coonoor. On enquiry, the learned Judicial Magistrate directed the husband, the petitioner herein to pay a sum of Rs. 500/ - p.m., to each of the respondents herein, from the date of application. Being aggrieved over this, the petitioner/husband filed this revision.

(3.) ON behalf of the wife, six witnesses were examined and on behalf of the husband, two witnesses, including the petitioner were examined. According to the wife, the marriage was performed between the petitioner and the 1st respondent on 26 -1 -1975. Regarding the factum of marriage, the witnesses who attended the marriage had adduced evidence. After marriage, the 2nd respondent was born out of the wedlock. P.Ws. 2, 3, 4 and 5 would speak about the birth of the child, the 2nd respondent herein, after one year subsequent to the said marriage.