MINOR THIRUGNANASAMBANDAM Vs. MANICKASWAMY

JUDGEMENT

(1.) THIS is a criminal revision petition under Secs.397 and 401, Crl.P.C., by the petitioners who were respondents in C.R.P.No.28of 1984, on the file the Principal Sessions Judge, Pondicherry, which was a revision petition filed against the order passed in M.C.No.1 of 1983. The petition was filed under Sec.125, Crl.P.C., claiming maintenance by the present revision petitioners before the learned Judicial First Class Magistrate, Pondicherry. The present revision petitioners are the minor son and mother and the second petitioner is the wife of the respondent herein, and the first revision petitioner is his minor son. They filed a petition under Sec.125, Crl.P.C., alleging that the marriage between the second petitioner and the respondent was solemnised on 11.9.1980 at Harinarmandapam, and after the marriage they lived together with the parents of the respondent. At the time of marriage and also subsequently the second petitioner's father was asked to give dowry in the nature of gold jewels, or cycle, silver plate and a television set. The mother of the respondent treated her in a cruel manner and also attempted to abort her child and went to the extent of attempting to commit murder, as a result of which she was forced to flee away from the house and seek refuge in the house of her parents.

(2.) THE husband has neglected and refused to maintain her from the day when she left his house. She has no sufficient means to maintain herself and the child. THE respondent is a Government employee earning a monthly salary of Rs.1,200 apart from owning immovable properties. Since the respondent has failed to maintain, she caused a notice dated 3.7.1983 to be sent through counsel calling upon him to maintain the petitioner, and the respondent acknowledged the notice and sent a reply dated 17.7.1983 expressed unwillingness to live with her and slating that the respondent is more interested in getting divorce.

(3.) THE point that arises for consideration in this Criminal Revision Case is whether the revision petitioners are entitled to maintenance, if so the order passed by the learned Sessions Judge has to be set aside.