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2014 DIGILAW 3259 (MAD)

A. Jainulabudeen v. Sarappa

2014-09-11

C.T.SELVAM

body2014
Judgment : 1. Petitioner challenges the order of learned Additional District and Sessions Judge and Presiding Officer, Special Court for E.C.Act cases, Coimbatore, passed in C.R.P.No.4 of 2008 on 16.06.2008 wherein the order passed by learned Judicial Magistrate II, Udumalpet, in M.C.No.4 of 2006 on 30.05.2007 was set aside. 2. Petitioner and respondent were married on 04.09.1983 and out of the wedlock, they had two female and one male child. Differences arose between the petitioner and the respondent and the petitioner dissolved the marriage by pronouncing 'Triple Talaq'. The respondent filed a petition in M.C.No.12 of 1995 before learned Judicial Magistrate I, Udumalpet, seeking maintenance and a sum of Rs.700/- per month was awarded as maintenance to the respondent and one of the daughters. The respondent has also moved M.C.No.3 of 1998 before such Court seeking maintenance for her other daughter and a sum of Rs.500/- per month was awarded. Thereafter, the petitioner husband moved M.C.No.9 of 2000 before learned Judicial Magistrate I, Udumalpet, seeking cancellation of maintenance and the same was dismissed. Against such order, the petitioner husband filed C.R.P.No.179 of 2001 on the file of learned Sessions Judge, Coimbatore, which was also dismissed. Thereafter, the petitioner husband filed O.S.No.199 of 1999 before learned District Munsif, Udumalpet seeking declaration of dissolution of marriage between himself and the respondent and the same was allowed under judgment dated 14.07.2004 which also was confirmed by learned Sub-Court, Udumalpet, under judgment in A.S.No.18 of 2005 dated 12.01.2005. On obtaining such orders, the petitioner filed M.C.No.4 of 2006 on the file of learned Judicial Magistrate II, Udumalpet, seeking cancellation of maintenance. The Court below, under orders dated 30.05.2007, while cancelling the maintenance payable to the respondent, awarded a sum of Rs.800/- to each of the female children. The respondent preferred a petition in C.R.P.No.4 of 2008 before learned Additional District Sessions Judge and Presiding Officer, Special Court for E.C.Act cases, Coimbatore, challenging the order passed in M.C.No.4 of 2006. Learned Sessions Judge, under orders dated 16.06.2008, while allowing such petition has also observed that the petitioner shall pay maintenance to the respondent treating her as a 'divorced wife'. Against such order, the present revision has been filed. 3. Heard learned counsel for petitioner. There is no appearance for the respondent. 4. Learned Sessions Judge, under orders dated 16.06.2008, while allowing such petition has also observed that the petitioner shall pay maintenance to the respondent treating her as a 'divorced wife'. Against such order, the present revision has been filed. 3. Heard learned counsel for petitioner. There is no appearance for the respondent. 4. The main ground canvassed by learned counsel for petitioner is that the present is a proven case of the respondent wife living in adultery and as such, she would not be entitled to maintenance. On such contention, learned counsel submits that the Court below has erred in interfering with the order of learned Judicial Magistrate II, Udumalpet, passed on a petition filed under section 127 Cr.P.C. where under, such Magistrate had accepted the contention of the petitioner and negated the right of maintenance to the respondent wife. 5. The order under challenge clearly reflects the position that in earlier proceedings, the contention of the respondent wife living in adultery was negated and such finding was confirmed in C.R.P.No.179 of 2001 by learned Sessions Judge, Coimbatore. It, therefore, found that learned Judicial Magistrate II, Udumalpet, has erred in allowing the petitioner's plea as such issue already has reached finality in revision. This Court finds no error in the order of the Court below. 6. This Criminal Revision shall stand dismissed. Consequently, connected miscellaneous petitions are closed.