T BUVANESWARI Vs. V RAMAKRISHNAN

JUDGEMENT

(1.) The unsuccessful wife is the revision petitioner. She filed a petition for maintenance against the respondent/husband under section 125 (I), Cr. P. C. contending that she was the legally wedded wife, that she was unable to live with her husband happily as he was impotent, that within three months of marriage, she was driven out of the house by her husband, that she took shelter in her fathers residence ever since then, that with the meagre income her father was able to earn by his profession as barber and with the meagre income her mother was earlling by selling of idlies, she was maintained by them, that her husband was possessed of means having properties in the form of a house, punja lands and bullocks worth about Rs. 20,000/ that she having been neglected by her husband and that she herself being unable to earn anything, she bas filed the petition claiming maintenance in a sum of Rs. 300/- per month from the date of petition.

(2.) The respondent/husband, resisted the move made by the wife by filing a counter-stating that he was not really impotent, that in fact the marriage had been consummated, that she was really conceived that she aborted the child subsequently, that he was prepared to take her back and live with her, and that he was not possessed of properties as stated by her in the petition.

(3.) The Court below, taking into consideration the evidence of the petitioner as P. W. 1 and the respondent as R. W. 1 came to the conclusion that the petitioner is in fact really having an independent income to such extent as to support herself and that apart, the offer made by her husband to take her back and live with her in the conjugal home had been rejected by her. On these conclusions, the petition had been dismissed giving rise to revision.