RAJAMMAL Vs. K P PERUMAL

JUDGEMENT

(1.) THE revision is against the order of the Second Additional Sessions Judge, Madras, in Cri.R.C.No.34 of 1982, reversing the order of maintenance passed by the 13th Metropolitan Magistrate, Egmore, Madras in M.C.No.4741 of 1980. THE petitioner in the M.C. is the revision petitioner.

(2.) THE revision petitioner filed M.C.No.4741 of 1980 before the 13th Metropolitan Magistrate, claiming maintenance from the respondent. She contended that she and the respondent got married in 1953 and they lived together till 1978 and from that year the respondent failed to maintain her. Hence an application for maintenance under S. 125 of the Code of Criminal Procedure, 1973, was filed.

(3.) AGGRIEVED by the aforesaid decision of the 13th Metropolitan Magistrate the respondent-husband preferred Criminal Revision Case 34 of 1982 before the Court of Session, Madras. The learned Second Additional Sessions Judge, who heard the revision case, found that the respondent was already married to one Sundarammal as early as 1947 and hence the marriage between the petitioner and the respondent, which is said to have taken place in 1953, was void in law in view of the Hindu Bigamy Prevention and Divorce Act, 1949. He, therefore, allowed the revision case and dismissed the petition for maintenance. It is against the said order, this criminal revision case has been filed by the petitioner-wife.