MEIYAZAGAN Vs. BHANAM MERY

JUDGEMENT

(1.) THE husband of the Respondent, aggrieved with the order of the learned Sessions Judge, Nilgiris at Uthagamandalam, directing him to pay monthly maintenance of Rs. 100/ - to the Respondent reversing the order of the Judicial First Class Magistrate, Coonoor dismissing the Respondent's application under Section 125 Code of Criminal Procedure, has filed the present revision.

(2.) THE Respondent files M.C. No. 13 of 1983 in the Court of the Judicial First Class Magistrate, Coonoor, under Section 125 Code of Criminal Procedure on the averments that she had been married to the Petitioner on 9.12.1976 and some lime after the marriage the Petitioner developed illicit intimacy with one Vennila, daughter of Kiltan of Thalaiyanallur and started living with her giving out that Vennila was the wife of his brother and that due to the above reason he prosecuted the Respondent who tried for mediation through panchayatdars and finally was driven out of the marital home to take shelter with her aged parents. She had no means to maintain herself while the Petitioner is a Police Constable drawing a salary of more than Rs. 300/ - per mensum. Monthly maintenance of Rs. 150/ - was Sought for.

(3.) BEFORE the learned Magistrate, the Respondent examined herself as P.W.1 and has the Panchayat proceedings marked as Ex.P1. The Petitioner examined himself as R.W.1, and examined R.W.2 to corroborate him regarding the desertion by the Respondent and had Exs.B1 to B3 marked on his side.