M PONNAMBALAM Vs. SARASWATHI

JUDGEMENT

(1.) THIS is a revision petition which has been preferred against an order made by the learned Second Presidency Magistrate, G. T. Madras, to M. C. No. 1 of 1956.

(2.) THE facts are: The petitioner in the lower court Saraswathi had been married by the respondent, Ponnambalam, in 1953. This Ponnambalam is a postman drawing a salary of Rs. 90 per month. Husband and wife lived happily for some time after the marriage. But as it often happens in Hindu households, the presence of the step mother of the husband had been a disturbing factor in this household and husband and wife have fallen out and the wife says that she had had to go and live with her parents and on account of the fact that this Ponnambalam has not made any provision for her maintenance and has refusing and neglecting to maintain her, this Saraswathi has filed this petition under Section 488 Crl. P. C. On the appearance of the parties in the court, apparently they have not desired to go into the box and give evidence. There is nothing on record to show that they desired to go into the box and give evidence and that no opportunity was given to them by the Second Presidency Magistrate.

(3.) IN fact, the parties seem to have had a discussion in the presence of the learned Presidency Magistrate and the substance of it is to be found in the order made by him.