KAVITHA Vs. LAKSHIMEKANDH

JUDGEMENT

(1.) THE present revision has been filed challenging the impugned order passed in Crl.R.C. No.15 of 2013, dated 29.08.2013, by the learned Principal Sessions Judge, Thanjavur, reversing the order passed by the learned Judicial Magistrate, Kumbakonam, in M.C. No.5 of 2011, dated 21.03.2013, directing the husband to pay Rs.5,000/ - per month as maintenance to his wife.

(2.) HEARD both sides.

(3.) AT the time of argument, the learned counsel for the respondent/husband would submit that H.M.O.P. No.28 of 2010 was allowed on 23.04.2010 and divorce has been granted. On that basis, the first Appellate Court allowed the revision stating that the material evidence did not prove that the wife has been living separately with sufficient reasons. As per Ex.R.1, H.M.O.P. No.28 of 2010 was filed by the husband and divorce has been granted on 23.04.2010. As per Ex.R.2, H.M.O.P. No.38 of 2010 was filed by the wife for restitution of conjugal rights, which was dismissed on 23.04.2010.