Chennai Court May 1970 Judgments

Ellammal Vs. Veeraswamy Alias Lalgudiar

Court: Chennai

Reported in: 1975CriLJ28

ORDERKrishnaswamy Reddy, J.1. This revision petition has been filed by the wife against the order or the learned Additional First Class Magistrate, Kulithalai, declining to grant maintenance to hex on the ground that she was not the wife. T may, say, at the outset itself, that the order of the learned Additional First Class Magistrate is not only absurd but also perverse. It appears that he has not read the provisions of the Indian Evidence Act to know the significance of an admission made by a party. Evidence was let in that in a prior suit for maintenance filed by the revision petitioner, the respondent filed a written statement that he married the petitioner 15 years ago and that she was the wife. It is, undoubtedly, an admission made against his own interests and a relevant one in the circumstances of the case as the suit is for maintenance by the petitioner as the wife of the respondent. This admission has been ignored totally by the learned Additional First Class Magistrate. On t...