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Legal Dictation
The appellant herein has
alleged that he was married according
to the Hindu Customary Rites with one Lakshmi on 25.6.1980. Out of
the wedlock with Lakshmi a male child was born, who is now studying in an Engineering college at Ooty. The petitioner is working as
a Secondary Teacher in Thevanga Higher Secondary School, Coimbatore.
It appears that the
respondent-D. Patchaiammal filed a petition under Section 125 Cr.P.C. in the year 2001 before the Family Court at Coimbatore in
which she alleged that she was married to the appellant herein on 14.9.1986
and since then the appellant herein and she (100) lived together in her father's house for two or three years. It is alleged in the petition
that after two or three years
the appellant herein left the house of the respondent's father and started
living in his native place, but would visit the respondent occasionally.
It
is alleged that the appellant herein (respondent in the
petition under Section 125 Cr.P.C.) deserted the
respondent herein (petitioner in the proceeding under Section 125 Cr.P.C.) two or three years after
marrying her in 1986. In her petition under Section 125 Cr.P.C.
she alleged that she did not have
any kind of (200) livelihood and
she is unable to maintain herself whereas the respondent (appellant herein)
is a Secondary Grade Teacher
drawing a salary of Rs.10000/- per
month. Hence it was prayed that the respondent (appellant herein) be
directed to pay Rs.500/- per month
as maintenance to the petitioner.
In both her petition under Section 125 Cr.P.C.
as well as in her
deposition in the case the respondent has alleged that she was married to the
appellant herein on 14.9.1986, and that he left her after two or three years of living
together with her in her father's house.
Thus it is the (300)
own case of the respondent herein that the appellant left her in 1988 or 1989
(i.e. two or three years
after the alleged marriage in 1986). Why then was the petition under Section 125 Cr.P.C. filed in the year 2001, i.e. after a delay of
about twelve years, shall have to
be satisfactorily explained by the respondent. This fact also creates
some doubt about the case of the respondent herein.
It may be noted
that Section 125 Cr.P.C. provides for giving
maintenance to the wife and some other relatives. The word `wife' has been
defined in Explanation (b) to Section 125(1). (400)
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