SUMATHI Vs. C PACHIAPPAN

JUDGEMENT

(1.) THE correctness and legality of the order of the learned Judge of the Family Court, Salem dated 13.07.2005 dismissing the maintenance case in M.C.No.26 of 2003 filed by the revision petitioner on the file of the said Court under Section 125 Cr.P.C are challenged in this Criminal Revision Case filed under Section 397 read with 401 Cr.P.C.

(2.) THE revision petitioner herein had filed the maintenance case (M.C.No.2 of 2003) on the file of the Family Court, Salem claiming maintenance for herself contending that she was the legally wedded wife of the respondent herein. It was her further contention before the Family Court that the respondent failed and refused to maintain her despite the fact that she was unable to maintain herself. THE respondent resisted the claim of maintenance without disputing the petition averments regarding the petitioner's inability to maintain herself but denying her contention that she was the legally wedded wife of the respondent herein. THE parties went on trial and in the trial, the petitioner examined five witnesses including herself as PW1 to PW5 and produced Ex.P1 to Ex.P8. On the side of the respondent, three witnesses were examined and no document was produced.

(3.) PER contra, Mr.R.Subramanian, learned counsel for the respondent, advancing arguments on behalf of the respondent, contended that the learned Family Court Judge gave a correct finding on proper appreciation of evidence; that there was no scope for interference with the order of the Court below by this Court in exercise of its revisional power and that the criminal revision case deserved to be dismissed.