J CHELLAMMAL Vs. SUPERINTENDENT OF POLICE AND OTHERS

JUDGEMENT

(1.) The second respondent herein filed a suit before the learned Principal Subordinate Judge, Tirunelveli in O.S.No.11 of 2011, against her husband, Mr.J.Rengarajan, seeking a decree for maintenance, at the rate of Rs.20,000/- per month, from him. The said suit was, later on, transferred to the Family Court, Tirunelveli, who, in turn, had taken up the case for trial and renumbered the same as O.S.No.2 of 2011.

(2.) Earlier, the second respondent, had filed M.C.No.3 of 2009, before the learned Chief Judicial Magistrate, Tirunelveli, under Section 125 Cr.P.C., for an order for payment of maintenance by her husband, Mr.J.Rengarajan. By order, dated 23.01.2009, the learned Chief Judicial Magistrate, Tirunelveli, had directed Mr.J.Rengarajan to pay a sum of Rs.4,000/- per month to the second respondent, towards maintenance. That order of the learned Chief Judicial Magistrate, Tirunelveli, has become final.

(3.) When the suit in O.S.No.2 of 2014, on the file of the Family Court, Tirunelveli, was taken up for trial, Mr.J.Rengarajan was examined as D.W.1. During his evidence, for a specific question asked to him, as to whether he had paid maintenance to the second respondent herein, at the rate of Rs.4,000/- per month, as ordered by the learned Chief Judicial Magistrate, Tirunelveli in M.C.No.3 of 2009, he admitted that he did not pay the said amount at all. The learned Judge, presiding over the Family Court, recorded the same in the deposition. To this extent, the learned Judge was right in recording the evidence. Proceeding further, in the same deposition, the learned Judge had directed for registration of a case against Mr.J.Rengarajan, under Sections 175, 178, 179, 180 and 228 I.P.C. and sentenced him to undergo imprisonment for one month. The learned Judge, had quoted Section 345 Cr.P.C. to show his source of power and imposed such sentence of imprisonment.