RANAGASAMY AND DURAISAMY Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) THIS revision has been preferred against the order passed in M. C. No. 3 of 2001 on the file of the Judicial Magistrate, Sathyamangalam.

(2.) THE short facts of the case relevant for the purpose of deciding this revision are as follows:- THE respondent/wife has filed a petition under Section 125 of Cr. P. C. , for maintenance from the revision petitioner, who is none other than the husband. THE marriage between the revision petitioner and the respondent took place some 35 years back. Out of the wedlock the respondent herein Lakshmi Ammal had given birth to a son Manogaran @ Subramaniam and a daughter by name Senthamarai. Both the revision petitioner and the respondent led a happy family life for about 15 years. Subsequently the revision petitioner has developed illicit intimacy with one Chennammal, which necessitated the respondent/wife to leave the matrimonial home in the year 1994 and began to live with her parents. THEreafter, the revision petitioner began to live with chennammal. Due to the cruelty met at the hands of the revision petitioner the respondent's daughter committed suicide. A civil suit was filed by the revision petitioner in O. S. No. 44 of 2000 before the District Munsif, Sathayamangalam from restraining the respondent and her son not to enter into the immovable properties of the revision petitioner. THE respondent has also filed a suit for maintenance before the Subordinate Court , Gopichettipalayam. So far the revision petitioner has not paid even a paisae towards the maintenance of the respondent.

(3.) BEFORE the trial Court the petitioner-Lakshmi Ammal has examined herself as P. W. 1 and respondent/revision petitioner herein has examined himself as R. W. 1 besides examining one Chinnathima Naicker as R. W. 2. On the side of the petitioner/wife Ex. P. 1 to Ex. P. 5 were marked. The respondent/husband has not marked any documentary evidence on his side.