RAJENDRAN Vs. MALARKODI

JUDGEMENT

(1.) THIS revision has been preferred against the order passed in M. C. No. 4 of 2003 on the file of Chief Judicial Magistrate, perambalur,dated 24. 9. 2003.

(2.) THE respondent in M. C. No. 4 of 2003 on the file of Chief Judicial Magistrate, Perambalur is the revision petitioner herein. The said application was filed under Section 125 Cr. P. C. by his wife Malarkodi and their daughters minor Malathi and minor Anupriya. In the said application, the petitioners have claimed Rs. 500/- each towards maintenance from the revision petitiioner/respondent.

(3.) THE short facts in the maintenance petition relevant for the purpose of deciding this revision are as follows: the marriage between the first petitioner Malarkodi and the respondent Rajendran took place at Elampillai Chitrakoil, Salem District and in the wed lock petitioners 2 and 3 were born. Since the second petitioner is a female child, the respondent threatened the first petitioner to kill the child to which the first petitioner was not agreed to. Thereafter both the first petitioner and the respondent were living at Coimbatore as husband and wife. The third petitioner was also born at Coimbatore. The revision petitioner/respondent has demanded the first respondent/ first petitioner to bring more dowry from the house of the first respondent herein. The revision petitioner/respondent has further criminally intimidated the first respondent to put an end to the female child and also demanded dowry and insisted the first petitioner to bring 10 sovereign of gold jewels and T. V besides house hold utensils. Since the first petitioner has refused to bring more dowry , she began to live with her parents due to unbearable harassment received at the hands of the revision petitioner/respondent. The respondent began to live with another woman at Kerala. The respondent is working as a Jeep Driver in the Collectorate, Perambalur in Information and Publicity Department. The respondent is a well to do man. But the respondent has neglected to maintain the petitioners 1 to 3. The first petitioner /first respondent finds it very difficult to see both ends meet. She would not get sufficient income to provide wearing apparels, food and other expenses to her children. Hence the petition for maintenance at the rate of Rs. 500/- to each of the pettioners.