VELAMMAL Vs. SIVAN PERUMAL

JUDGEMENT

(1.) THIS Revision filed by the wife is directed against the order passed dated 20.12.1993 in Cri. Revision Petition No. 138/92 on the file of the Addl. Sessions Court, Tirunelveli, setting aside the order of maintenance in M.C. No. 1/92, dated 28.8.1992.

(2.) THE petitioner herein filed a petition for maintenance alleging that after the marriage, the respondent demanded more dowry and tortured her and ultimately he drove her out and as such, she is unable to maintain herself and that she claims maintenance from her husband. However, this was contested by the husband denying the said allegations. After enquiry, the learned Magistrate found mat the wife Velammal, the petitioner herein, was entitled to the maintenance of Rs. 350/ - per month from me date of the petition dated 2.9.1991. This order was passed 01

(3.) THE only ground mat was urged before the Sessions Court was that he already filed a petition for restitution of conjugal rights before the Civil Court and the same was pending and during the pendency of the said petition, me wife could not be liable to claim maintenance. Accepting the said contention, the Sessions Court allowed the revision setting aside the order of maintenance passed by the learned Magistrate. Aggrieved over this, the present revision has been resorted to by the wife.