The petitioner aggrieved by the dismissal of his Cr.M.P.No.4500 of 2014 filed in M.C.No.18 of 2014 on 12.08.2014, by the learned Judicial Magistrate, Aruppukottai, refusing to implead one Seetharaman, has directed this petition.

2. Heard the learned counsel for the petitioner.

3. According to the learned counsel for the petitioner, bringing Seetharaman on record is very important to establish the fact that the respondent is living with the said Seetharaman.

4. Petitioner, namely, Kandha Subbian and the respondent herein, Packialakshmi are spouses. Packialakshmi sought for maintenance in M.C.No.18 of 2014 under Section 125(1) before the learned Judicial Magistrate, Aruppukottai. Kandha Subbian filed counter pleading that as between both divorce took place very many years ago, subsequently, she has married one Seetharaman and now she is living with him.

5. Under these circumstances, the Kandha Subbian filed Cr.M.P.No.4500 of 2014 under Section 319 Cr.P.C. to implead his alleged ex-wife's present husband Seetharaman as a co-respondent in M.C.No.18 of 2014.

6. The learned Magistrate dismissed the application on the ground that Section 319 Cr.P.C., which is intended to implea