Learned counsel for the petitioner submits that the petitioner has come forward with this petition seeking the relief of quashing the proceedings initiated by the respondent herein for claiming maintenance pending in M.C.No.10 of 2008 on the file of the learned Judicial Magistrate No.I, Athur.
2.It is contended by the learned counsel for the petitioner that the petitioner is a practising Advocate and the respondent/wife, employed as a Nurse and earning Rs.15,000/- per month, has initiated maintenance proceedings only with a view to harass and humiliate the petitioner. It is submitted that there is possibility of amicable settlement between the parties also.
3.I have considered the submissions of the learned counsel for the petitioner and also perused the materials available on record.
4.It is seen that the petitioner is the husband of the respondent herein and the respondent has filed a petition for maintenance, which is pending on the file of learned Judicial Magistrate No.I, Athur. The only ground raised in this petition is that the petitioner is a practising Advocate and the respondent is a nurse earning Rs.15,000/- per month and only with a view to harass the petitioner, the maintenance case is filed against him. This Court is of the considered view that such ground is not a legally valid ground to entertain the petition for quashing the proceedings as the wife is entitled to file the maintenance proceedings if she alleges that she has been deserted or not maintained by the husband. Therefore, this Court is constrained to dismiss the petition as devoid of merits. Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed.
19.01.2009 mmi To The Judicial Magistrate No.I, Attur.
K.N.BASHA, J.
mmi Crl.O.P.No.697 of 2009 19.01.2009