SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Mad) 2303

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

Advocates Appeared:
For the Petitioner:V. Sairam, Advocate.
For the Respondent:T.P. Manoharan, Advocate.

Headnote:A. CRIMINAL PROCEDURE CODE, 1973 - SECTION 425 - Respondent’s Revision petitioner (wife) and respondent (husband) settled at USA after marriage and returned to India to attend obsequies of respondent’s father - Husband left for USA leaving wife with her mother in care who treated her cruelty - Wife filed petition claiming maintenance of 2500 US $ before Family Court, Chennai stating that husband earned 7500 US $ - On dismissal of petition, CRP filed - Facebook Profile created by wife in Face Book Social Networking website and filed by husband to prove wife’s employment, HELD, not an admissible evidence - No document filed by husband to prove his readiness to take her back - Restitution of conjugal rights also not sought for by husband - No suggestion in cross examination by husband as to her income - Fact of husband filing petition in USA against wife, even after wife filed a petition for restriction of conjugal rights and maintenance showed that wife is entitled to witnesses - In such cases social justice is called for to help deserted wife and daughter - Wife being away from matrimonial home only due to attitude of husband, held entitled to maintenance.

       B. EVIDENCE - Face book Profile - admissibility - See CrPC - Section 125.

       Result: Criminal Revision allowed.

Judgment :-

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











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top