PALANIYATHAL Vs. KOMARASWAMY GOUNDER

JUDGEMENT

(1.) THE petitioner -wife before the learned Chief Judicial Magistrate, Periyar District at Erode, in M.C. No. 8/89, filed under Section 125 of the Code of Criminal Procedure, claiming maintenance amount from her husband the respondent, herein, lost her case before the learned Sessions Judge, Erode, in Crl. R.C. No. 21/90 dated 28.2.1991, and as against that order, she has filed this revision challenging the impugned order for its want of legality and propriety.

(2.) IT was stated that about 24 years ago the marriage between the revision petitioner and the respondent was performed. At that time of marriage 20 sovereigns of gold jewels and a cash of Rs. 5,000/ - were presented to the revision petitioner by her parents. They were living jointly as husband and wife. There was a son born to them by name Duraisamy who is now aged about 23. There is a girl also who is aged about 21. It was further stated that the respondent was addicted to liquor and was regular drunkard and used to beat the revision petitioner by demanding dowry every day. By such conduct and method, he has snatched the jewels presented to her along with the cash of Rs. 5,000/ - from the revision petitioner. The further demand made by him to get some more money has not been complied with by the revision petitioner for the reason of her inability. However, she had met with all cruelty perpetrated by the respondent herein all through in a drunken stage. It was also stated that the petitioner bore all the cruelty and humiliation perpetrated by her husband for the reason that she was having a grown up girl for marriage. However, under the circumstances, she was able to arrange the marriage of her daughter with the help of her parents and the respondent had not spent a single pie nor extended any help. After the marriage, it was stated that the petitioner was ill -treated very badly and driven away by the respondent. But, however, at the mediation of the Panchayatdars, she had to come again and live with the respondent. Since the respondent had contracted second marriage with another girl and was living with her, the ill -treatment become unbearable, with the result, she was driven away and the petitioner sought asylum in her parent's house.

(3.) AS the respondent owns 3 -1/2 acres of agricultural land cultivated with cash crops and getting the annual income of Rs. 24, 000/ - and is in a position to pay the maintenance to the petitioner, a quantum of maintenance of Rs. 500/ - was demanded by the petitioner by filing a petition under Section 125 of the Code of Criminal Procedure before the trial Court.