BABU Vs. A. BHARATHI

JUDGEMENT

(1.) This Criminal Revision case is filed to set aside the Order, dtd. 17/11/2017 passed in F.C.M.C. No.21 of 2015 on the file of the Family Court, Vellore.

(2.) The First Respondent in this Criminal Revision, along with the Second Respondent/daughter, has filed F.C.M.C. No.21 of 2015 under Sec. 125 of the Code of Criminal Procedure praying to direct the Revision Petitioner Husband to pay a sum of Rs.9,000.00 per month to her and Rs.6,000.00 to the minor daughter per month towards their Maintenance.

(3.) On Notice, the Revision Petitioner-Husband filed a Counter Affidavit stating that within six months of marriage, because of the attitude of the First Respondent-Wife, misunderstanding cropped up and they got separated. Even though the elders in the Village made conciliation, the First Respondent-Wife refused to rejoin the Matrimonial company of the Revision Petitioner. Instead, the First Respondent-Wife filed H.M.O.P. No. 245 of 2010 and obtained a Decree of Divorce on 26/4/2011. According to the Revision Petitioner-Husband, he is only earning a sum of Rs.12,550.00 out of which he is looking after the Educational expenses of the minor daughter also. It is further stated that after five years of dissolution of marriage, he contracted a second marriage with one S. Suriya on 16/12/2015 and the salary he is earning is just and sufficient to maintain his second wife, father, mother and grandmother. The family of the First Respondent-Wife is affluent and she is resourceful enough to maintain herself and the minor daughter. However, on coming to know about the second marriage of the Revision Petitioner-Husband, after five years of grant of Decree of Divorce at the instance of the First Respondent-Wife, the present F.C.M.C. No. 21 of 2015 was filed seeking Maintenance. Therefore, the Revision Petitioner Husband prayed for dismissal of the F.C.M.C. No.21 of 2015.