AMMASI Vs. AMARAVATHI

JUDGEMENT

(1.) The Order granting maintenance passed in R.C.No.21 of 1992 on the file of the Sessions Judge Dindigul, on the averment filed by the wife against the order dismissing her claim in H.C.No.8 of 1990 on the file of the Judicial Magistrate Nilakottai, is challenged in this revision by the husband.

(2.) On behalf of the wife before the lower Court four witnesses were examined and Exs.P-1 to 7 were filed. On behalf of the husband petitioner witnesses No. 1 the husband and P. Ws.2 to 5 were examined. Exs.P-1 to P-8 were marked.

(3.) The case of the wife before the lower Court was that she was deserted by the husband after the child was born. Admittedly the husband/petitioner is workingin an Army. To prove her case, the witnesses examined on behalf of the wife would speak about the marriage and birth of the child. But the case of the husband through his witnesses that the child was not born to him and the wife was living in adultery with one Govindaraju. On consideration of the entire evidence oral and documentary, the lower Court came to the conclusion that the wife and the child were not entitled to maintenance, since the wife was living in adultery with Govindaraju.