N SAMPATH Vs. RAJKUMARI ALIAS LALLI

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 12.12.2006 passed by the First Additional Family Court, Chennai, in M.C.No.206 of 2004, this criminal revision case is focussed.

(2.) PITHILY and precisely, the facts absolutely necessary and germane for the disposal of this criminal revision case would run thus: (a) The respondent herein filed the M.C.No.206 of 2004 before the First Additional Family Court, Chennai, seeking maintenance as against the revision petitioner herein, who is her husband. Inasmuch as the revision petitioner resisted the claim, the trial was conducted.(b) During trial, the respondent herein examined herself as P.W.1 and Exs.P1 to P5 were marked. The revision petitioner herein examined himself as R.W.1 and Exs.R1 to R3 were marked.(c) Ultimately, the Family Court awarded maintenance in a sum of Rs.2000/- per month in favour of the respondent herein, payable by the revision petitioner herein.

(3.) THE learned counsel for the revision petitioner, by inviting the attention of this Court to the various portions of the evidence of P.W.1 as well as R.W.1 and also various documents, would set forth and put forth his argument to the effect that the respondent herein was caught red handed, while she was in the act of adultery even thereafter, the revision petitioner did not insist upon the respondent to leave the matrimonial home, but indubitably and indisputably, admittedly and unassailably, it was she who left the matrimonial home, for which, the revision petitioner may not be held responsible even then, the revision petitioner, being an exceptional personality, wanted to resume cohabitation with the respondent, but it was she who is adamant in not accepting to the request of the revision petitioner.