LAWS(MAD)-2018-2-242

SHANKAR Vs. SALINI

Decided On February 15, 2018
SHANKAR Appellant
V/S
SALINI Respondents

JUDGEMENT

(1.) This Criminal Revision Case has been filed praying to set aside the order, dated 13.03.2014 passed in M.C.No.9 of 2011, by the learned Judicial Magistrate No.1, Kuzhithurai.

(2.) The Revision petitioner herein is the sole respondent and the respondents herein are petitioners in M.C.No.9 of 2011, on the file of the learned Judicial Magistrate No.1, Kuzhithurai, Kanyakumari District. The respondents herein are the wife and minor daughter respectively. The Revision petitioner and the first respondent are the husband and wife respectively and the 2nd respondent is their minor daughter born out of their lawful wedlock. After their marriage, dated 15.05.2003, the Revision petitioner and the first respondent were living together at Marthandam, as Husband and wife, in the matrimonial home, and out of their lawful wedlock, the first respondent gave birth of a female child on 10.06.2004, who is the 2nd respondent herein.

(3.) The first respondent herein filed M.C.No.9 of 2011, under Section 125 of Cr.P.C., on the file of the learned Judicial Magistrate No.1, Kuzhithurai, seeking monthly maintenances of Rs.3000/-, for the first respondent herein and Rs.2000/- to the 2nd respondent herein, totally a sum of Rs.5000/-, from the revision petitioner herein, according to their family status. The first petitioner in that maintenance petition filed under Section 125 of Cr.P.C., herself is examined as P.W.1. The respondent in that petition has not chosen to examine himself and also there is no oral and documentary evidence on the side of the respondent / revision petitioner herein.