SIVAGAMASUNDARI Vs. SUNDARAM

JUDGEMENT

(1.) Petitioner who has failed in both the courts below in claiming maintenance under Section 125 of the Code of Criminal Procedure from the respondent, has filed this petition under Sec. 482 of the Code of Criminal Procedure before this Court to set aside the order passed in Criminal Revision Petition No. 80 of 1993 on the file of Sessions Judge, Cuddalore.

(2.) This petition arose in this way. Petitioner filed a petition under Section 125 of the Code of Criminal Procedure, before the Judicial Magistrate No. II, Chidambaram, in N.C. No. 1/92, claiming maintenance of Rs. 500/- per month. The averments made in the said petition are that the petitioner is the wife of the respondent, who is working as Engineer in Public Works Department, earning Rs. 5000/- per month. The marriage between the petitioner and the respondent took place in 1968 as Bhuvanagiri, that the respondent was given Rs. 20,000/- and 15 sovereigns of jewels as dowry. After the marriage, they lived together for some time. Since the husband has started ill-treating the wife and developed some illegal contacts with women of ill-repute and he addicted to drinks and gambling, that the respondent demanded dowry from the petitioner's parents that the petitioner was driven out of his house and she was started residing in her parents house. Then the petitioner's father executed a settlement deed in respect of 1 acre of Nanja land to the petitioner on 2-6-1969, the petitioner lived with the respondent and she gave birth to a child and the child also died, that on transfer they moved to Mayiladuthurai and there since she was unable to secure sufficient money she was driven out and again she went to her parents house and the husband did not allow her to come to his house.

(3.) In the counter filed by the respondent, he denied all the allegations made in the petition. He has stated since the petitioner has been having illegal intimacy with some other persons, she left the respondent. The respondent filed O.P. 6/71 for divorce and the same was allowed. The present petition for maintenance has been filed after a lapse of 21 years with a view to harass the respondent. He has further stated that the earlier maintenance petition filed by the wife before the First Class Judicial Magistrate was dismissed. The petitioner had received a sum of Rs. 4500/- in full settlement of maintenance.