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1962 Supreme(Mad) 328

SADASIVAM
Kandaswami Gounder – Appellant
Versus
Nachammal – Respondent


Advocates Appeared:
R. Kallappan, for Petitioner; K.V. Ramaseshan, for Respondent. Public Prosecutor, for State.

Judgement

ORDER :- Petition to revise the order of the Additional First Class Magistrate, Pollachi, under S. 488(1) of the Criminal Procedure Code, directing the petitioner to pay Rs. 20 per mensem to his wife and Rs. 5 per mensem to his child for maintenance. The petitioner married the respondent about 6½ or 7 years prior to this case and lived with her for two years. Then the respondent became pregnant and gave birth to a child, Easwaraswami. Three months after the birth of the child, the respondent became demented. But she subsequently recovered her mental health. The respondent is living in her fathers house. She claimed maintenance for herself and her child on the ground that the petitioner married a second wife and refused and neglected to maintain her. The respondent denied the fact of his having married a second wife and offered to take back his wife and child. The learned Additional First Class Magistrate did not accept the case of the respondent, but accepted that of the petitioner and awarded maintenance of Rs. 20 per mensem to the wife and Rs. 5 per mensem to the child.

2. The learned advocate for the petitioner contended that the alleged second marriage has not been stri




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