IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.11.2023 CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.1660 of 2018 and Crl.M.P.No.625 of 2018 Joseph Baby ... Petitioner -Vs-

R.Kalaiselvi ... Respondent Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records and quash the proceedings pending against the Petitioner herein in M.C.No.222 of 2017 on the file of the Additional Family Court, Coimbatore.

For Petitioner : Mrs.A.L.Ganthimathi Senior Counsel for Mr.S.Babu Mr.R.Venkatesan For Respondent : No appearance

ORDER

This criminal original petition has been filed to quash the proceedings in M.C.No.222 of 2017 on the file of the Additional Family Court, Coimbatore.

2. The respondent herein has filed a petition seeking maintenance under Section 125 of Criminal Procedure Code. She alleged that she got married to the petitioner on 17.12.2013 and they both had exchanged rings during their marriage. Even before their marriage, they were running a business of 'Garlic'. Therefore, they had acquaintance and got married. In fact, the respondent had already got married with another person and after giving birth to two male children, he left them. Utilising the said circumstances, the petitioner had spoken sugar coated words and as such, the respondent had given consent for her marriage with the petitioner.

3. Mrs.A.L.Ganthimathi, learned senior counsel for the petitioner would submit that the petitioner has never lived with the respondent as husband and wife and he never married the respondent. Even the respondent has filed a petition seeking for maintenance with malafide and fradulent intention only to extract the money from the petitioner. In fact, she has been involved in so many cases, in which, one of the case she is facing is defamation case in C.C.No.456 of 2017 on the file of the Judicial Magistrate No.V, Coimbatore. In the said case, she categorically stated that she got married to one H.Raghu and gave birth to two male children. But, she did not whisper about her divorce with the first husband and no materials were produced along with the maintenance case. Except the marriage invitation and the photographs, there are no other evidence to show that the petitioner got married her. That apart, the respondent filed a petition for restitution of conjugal rights in D.O.P.No.796 of 2017, on the file of the Additional Family Court, Coimbatore. In the said petition, the petitioner has filed an interlocutory application in I.A.No.560 of 2018, for rejection of complaint under Order 7 Rule 11 of C.P.C. The same was allowed.

4. Aggrieved by the same, the respondent has filed an appeal in C.M.A.No.2988 of 2021 before this Court. This Court by an Judgment dated 02.11.2021, dismissed the appeal on the ground that there was no marriage between the petitioner and the respondent herein. When there was no relationship as husband and wife between the petitioner and the respondent, the the respondent is not liable to be maintained by the petitioner. Further, the respondent submitted that there are some transactions between the petitioner and the respondent. Due to which the respondent owes some money from the petitioner. In order to settle the said amount, she issued a cheque and the same was presented for collection by the petitioner. The said cheque was dishonoured on the ground 'funds insufficient'. Therefore, the petitioner had issued the statutory notice to the respondent. On receipt of the same, the respondent issued a reply notice dated 13.07.2016. In the said notice, she categorically stated that she had never seen the petitioner till the issuance of reply notice. If at all, they had got married and there was a marital relationship, she would have stated in the reply notice that the petitioner is her husband. Notice was served on the respondent to file a counter before this Court. But, no one appeared on the date of hearing either in person or through Pleader.

5. According to the respondent, she go