RAMKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner is an accused in this case for the offences under Sec. 498(A), 494, 506(i) IPC and r/w 3(1)(r), 3(1)(s) of SC/ST(POA) Act.

(2.) The defacto complainant is none other than the estranged wife of the petitioner. The petitioner and the defacto complainant had a love marriage on 15/9/2013 and it was a intercaste marriage. The defacto complainant belongs to the Scheduled Caste Community. The marriage between them did not last long. The petitioner had filed H.M.O.P. seeking for divorce in H.M.O.P. No. 66 of 2015 before the Sub Court, Arani and the same was transferred to Sub Court, Chennai. The petitioner has not pursued the same and hence the case was dismissed as non prosecution. In the meanwhile, the respondent filed a maintenance case in M.C. No. 377 of 2015 and obtained an order for maintenance by an order dtd. 26/7/2018 directing the petitioner to pay Rs.5,000.00 per month. It is not clear, whether the petitioner has been complying with order.

(3.) In the meanwhile, the petitioner had a second marriage with another lady and he has been living with her. The defacto complainant on coming to know about the same, had approached the petitioner residing at Polur. At that time, the petitioner is said to have abused and uttered with the prohibitory words and by her caste name. Further the family members of the petitioner had threatened her that she would be burnt alive. Thereafter, she had lodged the above complaint which came to be filed against the petitioner. The petitioner was arrested on 3/5/2019. The lower Court had dismissed the bail petition of the petitioner in Crl. M.P. No. 1930 of 2019 on 15/5/2019 on the ground that investigation is pending.