DEIVASIGAMANI Vs. GEETHA AND ANOTHER

JUDGEMENT

(1.) THE Petitioner, who was the Respondent before the lower court has preferred this revision petition against the order passed by the Judicial First Class Magistrate, Chidambaram in M.C. 331 of 1973 of his file awarding maintenance of Rs. 30/ - each to Respondents 1 and 2 herein under Section 488, Cr.P.C.

(2.) THE petition was filed before the lower court on behalf of the Respondents for maintenance, alleging that both of item were born of the lawful wedlock between Meenakshi Ammal and the Petitioner. The Petitioner did not evince any interest in the welfare of the Respondents; but be had totally neglected and refused to maintain them. The Petitioner was an employee in the Neyveh Lignite Corporation getting Rs. 200/ - per mensem and in addition was owning four acres of land yielding an annual income of Rs. 2000/ -. Hence the petition was filed praying for maintenance at Rs. 50/ - each per mensem.

(3.) THE claim of the respondents was resisted by the Petitioner who denied the allegation that the Respondents were born to him of a lawful wedlock with Meenakshi ammal. According to him, though Meenakshi Ammal was married by him, she was having illicit intimacy with one Kuppuswami Naidu, both before and after the said marriage. Since the said Meenakshi Ammal expressed her desire to live only with Kuppuswami Naidu, the Petitioner has completely severed his connection with her. Both the Respondents were not born to him.