A PALANISWAMY Vs. ALAGAMMAL

JUDGEMENT

(1.) The Judgment of the Court was as follows : This is an application praying that the order dated 2.11.2006 made by the learned Session Judge, A & N Islands at Port Blair in Criminal Revision No. 17 of 2005 directing the petitioner herein to go on paying Rs. 1,800/- per month collectively towards subsistence allowance for both the O.P. No. 1 herein and her minor female issue, O.P. No. 2 herein till final disposal of the application for interim maintenance on merit afresh in miscellaneous Case No. 107 of 2005 pending in the Court of learned Judicial Magistrate First Class-II, Port Blair be set aside. The application is made under Section 482 of the Cr.P.C.

(2.) Elaborate arguments were advanced by the learned Counsels appearing on behalf of the parties in support of their respective contentions on the merits of the maintenance proceedings. It is not necessary nor is it desirable to enter into the merits of the case and express any opinion at this stage, which may prejudice either of the parties at the final hearing of the maintenance proceeding.

(3.) It is an admitted position that the O.P. No. 1 is the legally married wife of the petitioner herein and their marriage was solemnized according to Hindu Marriage Act, 1955. In para 7 of the application filed on behalf of the petitioner herein, there is a clear averment to the effect that O.P. No. 1 resided with the petitioner at Port Blair from 1978 to 1981 and out of said wedlock one child was born in the year 1980.