S AZHAGIA NAMBI Vs. DEVI

JUDGEMENT

(1.) The Criminal Revision Case is directed against order passed by the learned Judicial Magistrate No.II, Poonamallee, made in C.M.P.No. 5386 of 2015 in M.C.No. 4 of 2015 dated 16.11.2015.

(2.) It is admitted by both sides that the revision petitioner is the husband of the respondent/wife.

(3.) The learned counsel for the revision petitioner-husband mainly contended that the learned Judicial Magistrate No.II has failed to consider the point that the respondent is working in Anand Institute of Higher Technology, Kalas Lingam Nagar, Old Mahabalipuram Road, Kazhipattu - 603 103 and is having sufficient means for maintaining herself and her family member. The learned Judicial Magistrate No.II, has failed to consider the material evidence filed by the revision petitioner-husband and erroneously awarded interim maintenance at Rs.6,000/- per month by the revision petitioner-husband to the respondent-wife. Hence, the order of the learned Judicial Magistrate No.II, Ponnammalle is liable to be set aside. Further, the trial Court has failed to consider the admission of the respondent that the revision petitioner-husband has returned 30 sovereigns of gold jewels and inspite of the same, the trial Court erroneously directed the revision petitioner-husband to pay Rs.6,000/- per month to the respondent-wife. Hence, the learned counsel prays for allowing the Criminal Revision Case by setting aside the order of the trial Court.