(1.) THE respondents viz. , wife and minor child of the petitioner, filed M. C. No. 12 of 2005 before Judicial Magistrate No. 2, Walajah, against the petitioner seeking maintenance. During the pendency of the proceedings, a counter was filed by the counsel for the petitioner by name Dhanapal wherein, the marriage between the petitioner and the first respondent has been admitted. Subsequently, a second counter affidavit came to be filed disputing such marriage and the learned Magistrate, by order dated 26/7/2006 passed in Cr. M. P. No. 1938 of 2006 in M. C. No. 12 of 2005, refused to accept the said counter and posted the case for further enquiry; under such circumstances, the present petition has been moved before this Court on 17/8/2006 with a prayer to set aside the order of the trial court in refusing to receive the second counter affidavit.
(2.) LEARNED counsel for the petitioner submits that the petitioner is entitled to file the second counter affidavit and the order passed by the learned Magistrate is erroneous and seeks permission to file the said counter.
(3.) I have heard the learned counsel for the respondents who, by stating that he has no objection for filing/acceptance of such second counter affidavit, submits that the contents in both the counters may be taken into consideration at the time of adjudication of the Maintenance Petition.