DURAISAMY Vs. MASILAMANI

JUDGEMENT

(1.) THE revision petitioner herein is the husband of the respondent herein and he had preferred this revision against the order passed by the Judicial Magistrate-II, Pollachi, in Crl.M.P.No.6 of 2004, granting maintenance of a sum of Rs.1000/- per month to be paid to the respondent herein by the petitioner.

(2.) THE case of the respondent herein is that she got married to the petitioner herein on 09.07.1989 and she was living with her husband. After few months, her husband demanded a sum of Rs.25,000/- and also a Bullet motor cycle for which she was beaten and ill-treated her. Her husband continued to ill treat her and three years back, she was brought to her parent's house by her husband and she was left there. She was staying with her parents only for the past three years. After six years of filing the application for maintenance, as she was invited by her husband, she went to his place. At that time, she saw a lady by name Maheswari along with two children residing in that house. As she questioned about it, she was threatened by her husband. She was driven out of the house. THEn she filed the application for maintenance and she had no means of income and also stated that her husband was having 20 acres of land and she was getting a income of Rs.25,000/- per month.

(3.) THE learned counsel for the respondent herein submitted that merely because that respondent herein did not claim maintenance for a long period may not be a ground for rejecting the maintenance amount.