SIVAKAMI Vs. SHANMUGASUNDARAM

JUDGEMENT

(1.) THESE revision petitions have been filed against the fair and decretal order dated 28. 5. 2004 passed by the Family court Judge, Coimbatore.

(2.) THE plaintiff before the Family Court, Coimbatore is the revision petitioner herein. THE plaintiff filed O. S. No. 9/2000 before the family Court, Coimabotre against the respondent for maintenance and for a charge to be created on the suit property.

(3.) THOUGH it seems that there is some contradiction in the affidavit filed before the Family Court and the affidavit filed before this court regarding the presence of the petitioner/wife in the Family Court on 28. 4. 2004, considering the plight of the wife in her attempt to get maintenance from her husband for eking a livelihood, I feel that a further opportunity is to be extended to the petitioner/wife to cross-examine the respondent herein to adjudicate the matter on merits. Family Court is not the ordinary civil court where law is applied strictly and vigorously. Some sympathetic consideration could be extended always to a woman when she comes and knock the door seeking maintenance to save her from starving. Therefore I am inclined to set aside both the orders dated 28. 5. 2004 passed by the Family Court, Coimbator e in I. A. Nos. 77 and 78 of 2004 and direct the Family Court to reopen the evidence of the respondent herein and to recall R. W. 1 for cross-examination. It is made clear that on the day when the Family Court post the matter for cross-examination of R. W. 1, the petitioner/plaintiff should do so without seeking any adjournment. THOUGH normally some cost would have been imposed on such lapses, I refrain from doing so considering the fact that the suit is filed by the wife for maintenance from the husband.