VENKATATHASALU NAIDU Vs. K G SHANTHI

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order, dated 15.02.2001 made in C.M.P.No.633 of 2001 in C.M.P.No.2706 of 1999 on the file of the Judicial Magistrate, Palacode.

(2.) THE petitioner herein is the respondent before the trial court. THE respondent herein, had filed the C.M.P, seeking maintenance, stating that the petitioner herein, being her husband had neglected to maintain her.

(3.) THE III Additional Sessions Judge, by his order, dated 09.03.1999, made in Review Petition No.36/97 has categorically held that the respondent herein is the legally wedded wife of the revision petitioner. THE revision petitioner's first wife Narayanamma died in the year 1984 and subsequently he married the respondent herein. THErefore, the defence raised by the petitioner that he had only illegal intimacy with the respondent cannot be sustainable in law. On a perusal of the judgment rendered by the learned III Additional Sessions Judge, Dharmapuri, I could find no error or infirmity in holding that the respondent is the legally wedded wife of the revision petitioner and only a meager amount was awarded as maintenance by the said court. THE revision petitioner, without paying the maintenance amount to the respondent herein, had filed the suit in O.S.No.97/99 before the District Munsif, THEnkanikottai and obtained an exparte decree, dated 13.11.2000.