G VIDYA Vs. S MANIVARMA

JUDGEMENT

(1.) THE above Criminal Revision Case has been filed praying to set aside the order dated 28. 10. 2003 made in M. C. No. 180 of 2003 by the Court of II Additional Family Judge, Chennai and to award a maintenance of Rs. 50,000/- per month to the petitioner.

(2.) TRACING the history of the case, what comes to be known is that the petitioner herein has filed a petition under Section 125 of Cr. P. C. against the respondent claiming maintenance of Rs. 50,000/- p. m. from the date of petition on the ground that the petitioner and the respondent got married on 26. 2. 2001 according to Hindu rites and customs; that after the marriage they lived as man and wife from 26. 2. 2001 to 13. 3. 2001 and during that time the marriage was not consummated due to the desertion by the respondent/husband and he went to U. S. A. and thereafter he called the petitioner to stay with him in America; that he had no normal sexual relationship with the petitioner and thereby the petitioner suffered cruelty; that the respondent did not change his attitude and he sent her back to India; that the petitioner at present is unemployed, on the other hand the respondent is a Software Engineer, getting a salary of Rs. 1,00,000/- per month, but he is not providing maintenance to the petitioner and hence the petition before the trial court.

(3.) IN the counter affidavit filed by the respondent before the trial court, besides denying the general allegations in the petition, he would further submit that the petitioner alone ignored the respondent and she picked up quarrels with the respondent; that even in America, she did not change her attitude; that in view of the fact that the petitioner treated the respondent cruelly, he is not liable to pay any maintenance; that the petitioner is leading a luxurious life by earning, she is not entitled for maintenance; that it is false to state that the marriage was not consummated. On such averments, he would pray for dismissal of the above petition.