PADMAVATHY Vs. GOVINDASAMY

JUDGEMENT

(1.) THIS Criminal Original Petition is filed against the order dated 21.12.2001 passed in Crl.RC.No,9/2001 by the learned Principal Sessions Judge, Chengalput, confirming the order dated 26.6.2001 passed in MC.No.1/1998 by learned Judicial Magistrate II, Kancheepuram.

(2.) THE Petitioner filed MC.No.1/1998 before the learned Judicial Magistrate II, Kancheepuram under Section 125 of Code of Criminal Procedure claiming maintenance. THE Petitioner claimed to be the legally wedded wife of the Respondent, their marriage having been performed on 1.11.1979 as per the Hindu Rites and Customs and after marriage they lived for about one year in the native place of the Respondent and out of the wedlock, she had given birth to a female child in the year 1981, but the child died at the time of delivery itself. After that, the Respondent harassed the Petitioner demanding dowry and she was driven out of the matrimonial home. She was staying with her parents for 3 years and her attempts to resume their conjugal rights failed. THErefore, she filed a petition in MC.NO.9/1997 claiming maintenance, but wrongly mentioned the date of marriage as 1.11.1997 instead of 1.11.1979 which necessitated her to withdraw the said petition with a liberty to file a fresh petition. Now, she had filed this petition claiming maintenance at the rate of Rs.500/- p.m. from the date of the petition.

(3.) THE documents MO.1, 2 and 4, photographs exhibited by the Petitioner is of no avail to the Petitioner to prove the marriage. As rightly pointed out by the court below, those photographs at the most would only show the close proximity between them and from that no inference can be drawn that there was a legal marriage between the Petitioner and the Respondent as claimed by the Petitioner. Though the Petitioner stated that she gave birth to a female child in the Hospital who died at the time of delivery, but no records have been filed to prove the said fact. According to her, she lived at her parents house after she was driven out of the matrimonial home, but she had not chosen to issue any notice or taken steps for restitution of conjugal rights for the past three years.