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1984 Supreme(Mad) 473

DAVID ANNOUSSAMY
J. Sampathkumar – Appellant
Versus
Subashini – Respondent


Advocates Appeared:P. S. Chinnappa, S. Satyandran, Advocates.

Judgment :-

This is a revision against an order granting maintenance under S. 125, Cr.P.C.

2. The facts of the case are summarily as follows : The parties got married on 21st January 1977. They lived together for some time and then the wife went to her mother's house. The husband instituted a proceeding in the year 1980 or restitution of conjugal rights. The wife, the respondent therein, filed a petition under S. 23-A of the Hindu Marriage Act praying for divorce on the ground of cruelty and desertion. It appears that the husband did not very much resist that prayer. Accordingly, divorce was pronounced on 3rd March, 1981 by the City Civil Court, Madras, in O.P. No. 582 of 1977. This petition was filed by the wife soon after in August, 1981 under S. 125 Cr.P.C. for maintenance. The Magistrate passed an order on 28th December 1981 directing the husband to pay a maintenance of Rs. 100/- to the wife. It is against that order that the present revision petition is filed.

3. For getting an order of maintenance under S. 125, Cr.P.C. one should show that the person bound to maintain, neglected or refused to maintain. In the present case, the matrimonial proceeding between the parties ended on


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