SAMIDURAI Vs. RAJALAKSHMI

JUDGEMENT

(1.) Samidurai, the petitioner herein, challenging the award of maintenance of Rs. 400/- per month in favour of his wife, the respondent herein, by the order in M.C. No. 26 of 1994 on the file of Judicial Magistrate, No. 4, Trichy dated 29-3-1996, confirmed in this revision in Crl. R.C. No. 63 of 1996 on the file of Principal Sessions Judge, Trichy dated 15-4-1998, has field this petition under Section 482, Cr.P.C.

(2.) The wife, the respondent herein filed an application for maintenance claiming maintenance from the petitioner. She examined three witnesses on her side and marked 7 exhibits. The petitioner examined five witnesses on his side and exhibited 10 documents. After the conclusion of the enquiry, the learned Judicial Magistrate No. 4, Trichy awarded the maintenance of Rs. 400/- per month to the respondent. Aggrieved over the said order, the petitioner preferred Crl. R.C. No. 63 of 1996 in the Sessions Court, Trichy. The learned Sessions Judge rejected the revision by confirming the order of the lower Court. Hence, this petition.

(3.) In order to substantiate the claim of maintenance, the respondent through her three witnesses and seven documents proved her marriage with the petitioner. Though the said marriage was not seriously disputed by the petitioner, he examined the witnesses and marked documents to establish that he got married to R.W. 2 earlier and the said marriage was in subsistence and that therefore, the marriage between the petitioner and the respondent herein is not a valid marriage. Both the Courts below have rejected the case of the petitioner and awarded the maintenance as claimed by the respondent herein.