RANJITHAM Vs. SAMPATH ALIAS S PALANISAMY

JUDGEMENT

(1.) THIS revision has been preferred by the revision petitioners/petitioners in M. C. No. 34 of 2003 on the file of the Chief Judicial Magistrate, Erode. M. C. NO. 34 of 2003 which was filed by the wife and children of the respondent herein for maintenance under Section 125 of Cr. P. C.

(2.) THE admitted fact is that the first petitioner has married the respondent herein on 31. 8. 1995 and that the minor second and third petitioners are the children born in the wed lock of the first petitioner and the respondent herein. THE wife/1st petitioner along with her children had approached the Court for maintenance on the ground that she has been subjected to cruelty by her husband/respondent herein. It is the admitted case of the parties that the respondent is working as a conductor in the State Transport Corporation at erode and is drawing a monthly salary of Rs. 8189. 15ps as per Ex P5 and that after the deductions, the take home salary of the respondent/husband is rs. 3614/10ps. In the maintenance petition, the wife/1st petitioner/first revision petitioner herein has further alleged that the husband/respondent herein has demanded more dowry and also insisted her to sign in a relinquishment deed to enable him to marry another woman. It is further alleged by the wife in her maintenance petition that the respondent/husband herein is addicted to drink and used to beat her for no reason. Only under such circumstances, she had left the matrimonial home in the year 2003 and has also preferred a complaint with the All Women Police Station, Erode on 15. 11. 2003 against her husband/respondent herein. To meet the educational expenses, medical expenses and day to day expenses, the wife/first revision petitioner had asked for a sum of Rs. 1500/- each for herself and for her two minor children towards maintenance.

(3.) AFTER going through the oral and documentary evidence let in before him, the learned trial Judge has awarded a sum of Rs. 500/- each towards maintenance for the petitioners and further directed that the said award of maintenance shall be adjusted with the amount of maintenance paid by the respondent in I. A. NO. 128 of 2004 in H. M. O. P. No. 15 of 2004. Aggrieved by the findings of the learned trial Judge, the wife and children have preferred this revision contending that the amount of maintenance fixed by the learned trial judge is far below the amount asked for by her in the maintenance petition.