K KARUNAKARAN Vs. K UMA

JUDGEMENT

(1.) THIS Revision has been preferred against the order passed in M. C. No. 389/2004 on the file of the II Additional Principal Judge, Family Court, Chennai.

(2.) THE petitioners/respondents herein who are admittedly wife and children of the respondent/revision petitioner herein respectively. The 1st petitioner is the wife and the petitioners 2 to 4 are the children. They have preferred a petition under Section 125 of Cr. P. C. , for maintainance. The first petitioner asked for Rs. 2000/- per month and for other minors petitioners 2 to 4, she has asked for Rs. 1,500/- each per month. In the petition the first petitioner would say that the marriage between her (1st petitioner) and the respondent/revision petitioner herein was conducted on 3. 7. 1985 at Sri Muthallaman Kovil, Thiruppauliyur, Cuddalore, as per the Hindu rites and customs. After the marriage she gave birth to one daughter and two sons who are now aged 16, 14 and 12 respectively. According to the 1st petitioner, the respondent/revision petitioner herein is a drunkard and after consuming liquor he use to bet her and he failed to maintain the family. She would further allege that the respondent/revision petitioner herein had gone to the extent of compelling her to indulge in prostitution and that from the year 2001 the respondent has neglected to maintain the petitioners who are now living separately. According to the petitioners, the respondent is an auto driver owning an auto bearing No. T. N. 04-L 1885 and he is earning Rs. 10,000/- per month.

(3.) THE respondent/revision petitioner herein in his counter would contend that he is a dutiful husband and he is maintaining the 1st petitioner/wife and the other petitioners/children properly. He would deny that he has deserted the petitioners. He would state that he is willing to live with the 1st petitioner and that the auto bearing No. T. No. 04-L 1885 belongs to one Thambiran and that he is earning only Rs. 50/- per month from the auto.