KANCHANA Vs. R ASOKAN

JUDGEMENT

(1.) This revision has been preferred by the petitioner/wife against the order passed by the learned Judicial Magistrate, Ambur, North Areot Ambedkar District in M.C. No. 7 of 1992, dated 25-9-1992, dismissing the petition in so far as the petitioner is concerned.

(2.) The petitioner filed the petition under Section 125 Cr. P.C., against her husband, the respondent herein, claiming maintenance for herself at Rs. 300/- per month and for her child at Rs. 200/- per month. The case of the petitioner is that on 5-12-1986 the respondent married the petitioner and out of the wedlock, a son by name Rajathilak was born in the year 1988 and subsequently she was subjected to cruelty by the respondent/husband and as she was unable to bear the same, started to live with her parents along with her child. Thereafter, the respondent/husband has developed illicit intimacy with one Lalitha and in the year 1991, a child was born to the respondent through the said Lalitha and as the petitioner is not able to maintain herself as well as her child born through the respondent/husband, filed the case for maintenance at the rate stated above.

(3.) The respondent/husband filed the counter in the above maintenance case, stating that the petitioner/wife had deserted him and he had no connection with the said Lalitha and that he is prepared to take his wife and child back to live with them and as such the petitioner is not entitled to any maintenance.