JULIET VASANTHA Vs. ANTONY MARIMUTHU

JUDGEMENT

(1.) This is a revision petition in a matter of maintenance filed by the wife.

(2.) She filed C.C.224 of 1980 before the Judicial First Class Magistrate, Tirunelveli, for maintenance from her husband on the ground that she has been taken to her parents house by her husband and that thereafter he started neglecting her. The husband resisted her claim by stating that the wife has deserted the conjugal house on her own initiative and that he is prepared to take her back and maintain in the conjugal house. The wife then agreed to come and live with her husband provided that they live separately from the husband's parents. The husband did not agree to such a course on the plea that his income was not sufficient and that he was depending on his parents for resources.

(3.) The trial Magistrate held that the wife was entitled to maintenance, since the husband was not prepared to maintain her in a house free from vexatious by her in-laws. As far as the amount of maintenance is concerned, the wife deposed that her husband's monthly income was Rs. 517 whereas the husband, who contended that his salary was only Rs. 163-50 p.m. did not adduce any evidence in respect thereof. It was within his knowledge and reach. Therefore, the trial Magistrate accepted that the amount as spoken to by the wife should be the proper one and ordered the husband to pay a monthly maintenance of Rs. 75.