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2009 Supreme(Mad) 1750

G.RAJASURIA
Salomon – Appellant
Versus
Elizabeth & Another – Respondent


Advocates Appeared:
For the Petitioner:J. Juliet Pushpa, Advocate.
For the Respondents:N. Subbarayalu, Advocate.

Judgment :-

1. Animadverting upon the order dated 06.04.2006, passed by the learned Judicial Magistrate, Arakkonam in M.C.No.3 of 1999, this Criminal Revision case is focussed.

2. A resume of facts which are absolutely necessary and germane for the disposal of this revision would run thus:

The respondents herein filed M.C.No.3 of 1999 under Section 125 of Cr.P.C. claiming maintenance as against Salomon, the revision petitioner herein on the ground that the first respondent herein, namely Elizabeth and Salomon had love affair with each other and in that process Elizabeth became pregnant due to the revision petitioners access with her. As such, even while she was pregnant, by the intervention of the elders, they underwent shot gun marriage and thereafter, the minor child R2 herein, Napoleon was born. Inasmuch as the revision petitioner herein started estranging the respondents herein, whereupon, they were constrained to file the said M.C. claiming maintenance.

3. During enquiry, on the side of the respondents herein, P.Ws.1 to 3 were examined and no document was marked. On the side of the revision petitioner herein, no oral or documentary evidence was adduced.

4. Ultimately the Magis













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