2011 (2) LW(Crl) 62, 2011 (3) MLJ(Crl) 623
High Court of Judicature at Madras
R. MALA
Renuka
Versus
Viswanathan Rep. by his Power of Attorney S. Ravichandran
Crl.R.C.No.1285 of 2007
Decided On: 25-04-2011
B. EVIDENCE - Face book Profile - admissibility - See CrPC - Section 125.
Result: Criminal Revision allowed.
1. This criminal revision arises out of the order dated 18.07.2007 in M.C.No.48/2006, passed by the learned Judge of Family Court, Pudhucherry.
2. The averments in the petition are as follows:
The petitioner married the respondent on 10.02.2000 and they are close relatives. After the marriage, both were settled at U.S.A., where the respondent was working at that point of time. In April 2004, the respondent, after attending obsequies of the respondent's father, left to U.S.A. without the petitioner, the petitioner was residing with her mother-in-law, who treated her with cruelty. With the knowledge and consent of the respondent, the petitioner's mother-in-law left the petitioner in her parents' house at Puducherry in 2004. The respondent has failed and neglected to maintain the petitioner. The respondent is working in IBM as a Computer Software Consultant in U.S.A. earning about 90,000 U.S. Dollars per annum (i.e.) about 7,500 U.S. Dollars per month. Since the respondent deserted the petitioner, she was unable to maintain herself. Hence, she come forward with the petition in M.C.No.48/2006 for maintenance of 2,500 U.S. Dollars or its equivalent Indian currency.
3. The counter statement filed by the respondent is as follows:
(i) From the date of marriage, the behavior of the petitioner was very strange and arrogant. Due to the behavior of the petitioner, the respondent was not able to attend his work peacefully and consequently, he was loosing all his prospects in his job.
(ii)After the petitioner had conceived, the Doctors, who examined her at U.S.A. have stated that there were serious abnormalities and the same have to be compulsorily terminated immediately. That factum was duly informed and explained to the parents of the petitioner and the respondent. Even then, the petitioner's father had also gone to the extent of threatening the respondent's father with dire consequences. Unable to tolerate such torture and threats, the respondent's father suffered a massive heart attack.
(iii) In order to provide comfort to the petitioner, the respondent spend huge amounts and brought her mother to U.S.A. Taking advantage of the same, her mother had ill advised and further poisoned the mind of the petitioner. So the behavior and attitude of the petitioner had further changed and she had developed a hatred towards the respondent and his parents.
(iv)After the marriage, during August 2001, the petitioner and the respondent came to India, with return tickets, for four weeks and ever since they planned the trip, the petitioner started insisting the respondent that from the airport she wants directly to go to her parents' house at Puducherry. When the petitioner was with her parents, by the time of five months of pregnancy, the Doctors at Chennai also advised the petitioner to terminate the baby due to some abnormalities and terminated the baby. This time, the petitioner started abusing the respondent and his parents and his sisters in a most untoward manner and that the respondent and his parents are the root cause for her abortion, since they are closely relatives.
(v) The respondent came to India in July 2002, to attend his father's 60th anniversary at Thirukadaiyur. For this function, the petitioner did not turn up. As per the compromise, during November 2002, the respondent sent the tickets for the petitioner and went to the airport to receive her. From the airport itself, the petitioner started behaving in a rude manner and she pushed the luggage cart towards the respondent in front of his friends. She also threatened the respondent that she would cut her wrist, if he do not listen to her.
(vi) The respondent's father passed away on 10.04.2004. To attend his funeral, the respondent along with the petitioner came to India with return tickets for both of them. When the respondent asked the petitioner to get ready for return to U.S.A. in the month of May 2004, she refused to come with him stating that her sister's marriage falls on 23r
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.