B. SHANMUGHAM @ SELVAM Vs. DEIVAYANI @ DEVIKA

JUDGEMENT

(1.) THIS revision by the petitioner/husband is directed against the order of Judicial Magistrate; Saidapet, dated 5.9.1994 in M.C. No. 5 of 1989, directing the petitioner to pay maintenance at Rs. 350/ - p.m. to the wife and Rs. 200/ - per month, each to the two minor daughters.

(2.) THE wife respondent herein filed a petition before the Court below under Section 125 Cr.P.C., again the petitioner / husband, claiming maintenance for herself and for her minor two daughters. After enquiry, the learned judicial Magistrate ordered maintenance by order dated 5 -9 -1994 at the rate mentioned above from the date of the application viz. 2 -9 -1988.

(3.) BEFORE deciding the question, let me examine the facts of the case. On 29.1.1979, the marriage between the petitioner and the respondent was held under Hindu rites. Subsequent to the marriage, they were living together for sometime happily at Thiruvanmiyur. Within a few days thereafter, the petitioner/husband began to ill -treat her, asking to go to her parents' house and get some more sridhana articles. However, on intervention of elders, the dispute was settled. Subsequently, out of their wedlock, one son and two daughters were born. But even then, the torture of the petitioner/husband continued, demanding cash. On 9.1.1984, following the torture at the hands of die husband, the respondent/wife sustained serious injuries, and she was admitted in the Kasthuriba Hospital, Madras. Again on compromise being effected, they lived together for sometime.