LOGANATHAN Vs. DHANALAKSHMI

JUDGEMENT

(1.) Petitioner Loganathan is the husband of first respondent Dhanalakshmi and father of second respondent minor Sasikala. First respondent preferred M. C. No. 30/89, under Section 125 of the Code of Criminal Procedure before Judicial Magistrate No. IV, Dindigul, claiming a monthly award of maintenance for herself and her minor daughter from her husband, the petitioner herein.

(2.) In the said petition, she has stated that she entered into matrimony with the petitioner herein on 30-3-1979. Of the said marriage Sasikala was born, who at the time of filing of the application for maintenance was aged about 9 years. According to her, after the birth of Sasikala, her husband coerced her to obtain money from her parents. He then drove her out of his house, after snatching away her jewellery and cash. Three weeks thereafter, he thought it fit to take her back to house. After living together for sometime, he sent her back to her father's house in the guise of fixing up a suitable house on rent for their living together. She later learnt that the petitioner herein had married for a second time. When she questioned him, he replied that he did not like her and therefore, had taken a second wife and she could do whatever she wished. First respondent has further stated in her petition that her husband was earning Rs. 500/- every month from his bakery, apart from earning an annual income of Rs. 20,000/- from the lands owned by him. This application for maintenance was entertained on 8-8-1989. On 22-1-1990, the petitioner wherein filed a counter statement, wherein he has admitted marriage and paternity. According to him, his wife was interested in luxurious living and therefore chose to join her parents on her own volition. He also provided her with jewellery weighing 7 sovereigns. He dispatched a lawyer's notice, in response to which she joined him for a short while and again went back to her parent's house with minor Sasikala. He has further alleged that his wife was in intimacy with another person. He refuted the allegation that he had married Jamuna, while his marriage was in subsistence with the first respondent. He admitted, earning Rs. 500/- every month, from the bakery, but denied receipt of agricultural income, since he had no lands whatever.

(3.) After a chequered history, of several adjournments, it is clear that on 20-4-1992, the impugned order was passed by the Magistrate-an ex-parte order, directing the petitioner herein to pay a lump sum of Rs. 500/- every month to both the respondents on or before 10th of every English calendar month. While passing the aforestated ex-parte order, learned Magistrate has observed that the petitioner herein had not appeared before him from 'January' and in spite of several opportunities offered to him, he did not produce witnesses. So the Magistrate has stated that he felt that the petitioner herein was willfully evading production of witnesses. A further observation has been made by the learned Magistrate that the attitude of the petitioner herein was one of carelessness towards Court proceeding. Thereafter, the learned Magistrate has observed that without any reason, the petitioner herein and his counsel had absented themselves. From the evidence available, he was unable to find any discrepancy, sufficient enough to negative the maintenance claim. The petitioner had neither produced any witness nor examined himself. It is in that background that the impugned order was passed.