R. D. RAJEEV Vs. ROOPA

JUDGEMENT

(1.) The present petitioner was the respondent in C.Mis.296/2008, in the Court of the Judge, Family Court at Mysore (hereinafter for brevity referred to as the "Family Court") instituted by the present respondent as a petitioner therein under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as the "Cr.P.C."), seeking maintenance from the respondent therein, at the rate of Rs. 5,000/- per month.

(2.) It was the contention of the petitioner therein (wife) in the Family Court that the marriage with the respondent therein (husband) was held on 08-06-2003 in K.R. Nagar, Mysore, as per Hindu rites. After marriage, they resided together at Bengaluru for some Period. Thereafter, they were separated and the wife continued to be residing separately in her brother's house at Mysuru.

(3.) According to the respondent therein (husband), after his marriage with the petitioner therein, he noticed that she had some problem with her monthly periods and was bleeding profusely during menstrual period and that she could not lead a happy marital life with her husband. Though several Doctors were consulted in that regard, but the same was of no use. Ultimately, it was found that there was a serious problem in her uterus, which was not a curable disease. It was his further case that his wife also underwent a surgery and uterus was removed and there was no chance of she be-getting any child. This destroyed his dreams of having a progeny, as such, he was very much depressed. It was his contention that despite the same, the wife was making several false allegations against him and had left his company.