THANGAMANI Vs. BALAGURUSAMI

JUDGEMENT

(1.) The petitioners are the wife and minor child. The award of maintenance in M.C. No.1 of 1989, on the file of Judicial Magistrate, Udumalpet, dated 16-9-1989, to the wife and minor daughter, has been set aside in the revision filed by the respondent! husband in Cr1. R.C. No. 69 of 1989, dated 15-12-1990, by the learned First Additional Sessions Judge, Coimbatore. Hence this revision.

(2.) The ground urged by the wife on her behalf and on behalf of her minor daughter, before the trial Court, for claiming maintenance is that while she was living with her husband in joint family, the father of the respondent/husband, a widower with a bad intention misbehaved with her, and that when she informed this to the husband, and requested to set up a separate family, the husband without heeding to her request, tortured by beating her and in the year 1979, after snatching her thali, he drove her out. Further, she would state in her petition that her husband, married another woman by name Nagarathinam, and gave birth to a child.

(3.) After enquiry, on consideration of the evidence adduced by the witnesses examined on both the sides, accepting the case of the 1st petitioner/wife, held that the petitioners were entitled to maintenance at Rs. 300/- and Rs. 200/- respectively, per month from the date of order, viz. 16-9-1989. This order was challenged in revision by the respondent/husband, before the Sessions Court, which in turn allowed the revision, holding that the 1st petitioner has failed to prove her case and thereby rejected the claim of the petitioners.