RAJENDIRAN Vs. THAMIZHARASI

JUDGEMENT

(1.) THE unsuccessful respondent in M.C.No.11 of 1996 on the file of Judicial Magistrate II, Srivilliputhur has preferred the revision aggrieved against the orders dated 7.1.1999.

(2.) THE case in brief is as follows: THE respondent herein filed an application under Sec.125 of the Criminal Procedure Code claiming maintenance for herself as well as to her two minor children. She married the petitioner according to the custom prevailing in the community and both of them lived together at Pondicherry. Two children were born out of the said wedlock. THE petitioner was often demanding money from the respondent and she was also beaten and ill-treated. THE petitioner is now running an ice company at Pondicherry and getting a sum of Rs.8,000 per month whereas the respondent and her children are leading a difficult life and each of them requires a sum of Rs.500 per month.

(3.) POINT:There is no dispute that P.W.1 married R.W.1 and both of them were leading a married life at Pondicherry and they have got two children. She had claimed a sum of Rs.500 per month for each of them by way of maintenance. The marriage between the parties is admitted, but according to R.W.I she was living away without any justifiable cause and as such she is not entitled to claim any maintenance. Apart from that he had already filed M.O.P.No.81 of 1996 on the file of the Family Court, Pondicherry for divorce and also obtained an order and as such on these grounds, she is not entitled to claim any amount by way of maintenance from him.