U.SAMUEL STEPHEN Vs. SURYA GANDHI AND ANR.

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 of Cr.P.C., to set aside the order passed in Cr.R.C.No.87 of 2008 on the file of the I Additional District and Sessions Judge dated 30.09.2008, confirming the order of maintenance made in M.c.No.32 of 2006 on the file of Chief Judicial Magistrate, Trichy 23.06.2006.

(2.) The first respondent herein for herself and for her minor son second respondent filed maintenance case as against the petitioner herein before the Chief Judicial Magistrate, Trichy, claiming maintenance of Rs.15,000/- per month each. According to the wife, the husband had been suffering from mental illness and he was treated for the same. He is a Doctorate and has been working in the college. Without reasonable cause, he refused to come forward to maintain the respondents herein and therefore, the wife claim maintenance for herself and for her minor son.

(3.) The respondent husband contended before the trial Court denying the allegations made in the petition that the wife left the matrimonial abode on her own volition and the husband never deserted her. The wife is employed as a teacher and she is drawing not less than Rs.10,000/-. The husband never neglected to maintain the respondents herein. The husband initiated matrimonial proceedings for restitution of conjugal rights before the District Judge, Tuticorin. Due to the torture and sufferings underwent by the husband, he could not concentrate in his studies and employment. Therefore, he prayed for dismissal of the petition.