YOHANA Vs. NARASAMMA

JUDGEMENT

(1.) The present respondent who is the wife of the present petitioner had instituted a petition under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as the "Cr.P.C.,") against the present petitioner in Crl.Misc.No.26/2015, in the Court of the Principal Judge, Family Court, at Raichur (hereinafter for brevity referred to as the "Family Court"), seeking maintenance at the rate of Rs. 10,000/- per month.

(2.) The summary of the case of the petitioner in the Family Court is that she was married to the respondent therein (petitioner herein) on 04.05.1999 and had a happy married life about two-three years only, thereafter, the respondent being addicted to alcohol and gambling started subjecting her to ill- treatment and cruelty. He was also demanding her to bring additional dowry of sum of Rs. 30,000/-, inspite of giving him a sum of Rs. 50,000/- in cash and two tholas of gold at the time of marriage.

(3.) The present petitioner as a respondent appeared in the Family Court and filed his statement of objections wherein he categorically denied that the petitioner therein is his wife. He contended that he has never married the petitioner, as such, question of he accepting any cash or gold at the time of alleged marriage does not arise. On the other hand, he stated that he has married one Smt. Parvathi @ Parvathamma in the year 1996 and through her has got three children. Though the petitioner therein (respondent herein) was his relative and elders in both their families had intended to perform their marriage, however, after they attaining the majority, the said proposal broke down, as such, he married Smt. Parvathi @ Parvathamma in the year 1996. He also denied that he has any income much less a sum of Rs. 2,50,000/- per annum from agriculture and Rs. 15,000/- per month from other work. He has stated that he is working as coolie. He denied that he was in any way liable to pay maintenance to the petitioner who is not at all his wife.