SUSEELA Vs. PALANISWAMY

JUDGEMENT

(1.) THIS revision petition has been preferred against the order passed in M. C. No. 64 of 1999 on the file of the Family Court, Salem, dated 28. 11. 2002. The wife, the first petitioner in M. C. No. 64/99, is the revision petitioner herein and the petitioners had filed M. C. No. 62/99 under Section 125 of Cr. P. C. , claiming maintenance from the respondent/husband at the rate of Rs. 1000/- per month each for herself and her minor daughter Gowri.

(2.) THE brief facts in the said petition relevant for the purpose of deciding this revision are as follows:

(3.) THE respondent in his counter would admit the marriage between the 1st petitioner and the respondent. He would state that after the marriage they lived together at Villupuram till 1999. According to the respondent, 6 months after the marriage out of her own volition the 1st petitioner had left the matrimonial home and now she is residing with her parents. Whenever the respondent approaches the 1st petitioner to come and live with him, the same was rejected, by her by alleging that the respondent is living with another woman and on the ground of cruelty, the 1st petitioner filed a false complaint against the respondent with Mallur Police in the year 1998 and also another complaint on 16. 12. 1987. But no action was taken by the police on those complaints. A panchayat took place between the 1st petitioner and the respondent, in which an agreement was entered into between the 1st petitioner and the respondent and as per the terms of the agreement the respondent has to deposit Rs. 25,000/- for a period of 5 years in the Agricultural Co-operative Bank, Euralnatham, and a liberty was given to the 2nd petitioner to withdraw the said amount after she became major. For the said arrangement the 1st petitioner has also agreed to and signed in the agreement. The 1st petitioner's father has got 7 acres of land and the 1st petitioner is the only daughter to her parents and she is in a very affluent situation and she does not require any maintenance from this respondent. This respondent is drawing a monthly salary of Rs. 3000/- only and he has to maintain his aged parents.