GANGAVVA Vs. ITTAPPA

JUDGEMENT

(1.) In this petition filed under Sec. 482 of Cr.P.C. petitioners have sought to quash the order dtd. 6/7/2017 passed by the XII Additional District and Sessions Judge, Belagavi, Sitting at Gokak in Criminal Revision Petition No.471/2016, wherein the order of awarding maintenance ofRs.1,500.00 each to petitioner Nos.1 to 3 passed by the learned Magistrate in Crl.Misc.No.346/2012 has been set aside.

(2.) Heard the learned counsel for the parties.

(3.) Petitioner No.1 claims to be the legally wedded wife of the respondent and petitioner Nos.2 and 3 are said to be children born in their wedlock. A petition under Sec. 125 of Cr.P.C. was filed by the petitioners on the file of the Court of Principal Civil Judge and JMFC, Gokak seeking a monthly maintenance of Rs.10,000.00 from the respondent. It is stated that the marriage of petitioner No.1 was solemnized with the respondent on 18/11/2003 at Upparatti village and the marriage was registered on 20/11/2003 at Sub-Registrar Office, Gokak. In their wedlock, petitioner Nos.2 and 3 were born. They lived happily for seven years, however thereafter the respondent started ill-treating the petitioners and subjected petitioner No.1 to mental and physical cruelty. He was also insisting her to put her signature on the bond and compelled her to give consent for the second marriage. He was verbally abusing and also assaulting her to bring Rs.50,000.00 dowry from her parents. He was addicted to bad vices and coming home drunk and inspite of advice by the well-wishers, neglected and refused to maintain the petitioners and drove them out of the matrimonial house. It is further stated that the respondent is having 6 acres of land at Katakol village, growing commercial crops and earning more than Rs.4.005 lakhs p.a., etc.