KALYANI Vs. V VENKATRAMAN

JUDGEMENT

(1.) THIS Criminal Revision has been preferred by the petitioner in M.C.No.190/2003 on the file of the first Additional Sessions Judge, Family Court, Chennai, against the order of dismissal, dated 05.03.2004.

(2.) ACCORDING to the petitioner, the respondent herein married her on 26.08.2002, as per Hindu Customs and rituals. She has further stated that the respondent had caused cruelty on the petitioner, saying that she was suffering from leukoderma and sent her to her parents house on 27.04.2003, along with her brother and that the respondent is getting a monthly income of Rs.25,000/- from and out of his coconut grove and agricultural lands and has demanded Rs.4,000/- per month towards her maintenance.

(3.) AS per Section 125 of the Code of Criminal Procedure, 1973, if any person having sufficient means, neglects or refuses to maintain his wife, who is unable to maintain herself is bound to pay maintenance to his wife. Here, in the instant case, as the petitioner was suffering from leukoderma/skin disease, she was sent out from her matrimonial home by the respondent and he is also living with some other woman as husband and wife, though law does not recognise the same, at the house of the respondents uncle. In such circumstances, the respondent is bound to pay maintenance to the petitioner, being his wife, who is unable to maintain herself.