SHANTAVVA Vs. SHIVAPPA @ SHIVAPUTRAPPA

JUDGEMENT

(1.) Challenging the order dated 11.09.2018 passed by the Principal Family Court, Dharwad, in Criminal Miscellaneous No.189/2015, this petition is filed.

(2.) Brief facts leading to this petition are that, the petitioner is the wife of the respondent. Their marriage was solemnized on 02.05.1975 as per Hindu customs. After marriage, the petitioner resided with the respondent for about six months happily. Thereafter, she was subjected to cruelty and harassment by the respondent as he was addicted to bad vices like gambling. After about two years of marriage, the petitioner was thrown out of the house by the respondent. From the said date, she is residing with her parents at Hebballi village. Despite several efforts by elders to settle the dispute, the respondent did not agree and did not provide for livelihood of the petitioner. Until recently her brother was taking care of her but the said brother has left Hebballi village and moved on to Bengaluru. Therefore, the petitioner is without any source of earning. The respondent is having landed property and house property and is earning about 6 lakhs per annum. Despite the same, the respondent has failed and neglected to provide the petitioner with maintenance. On the said grounds, the petitioner filed a petition for maintenance under Section 125 of Code of Criminal Procedure, 1973, (hereinafter referred to as 'Cr.P.C'.).

(3.) On receipt of notice of petition, respondent entered appearance and filed objections denying entire petition averments. The respondent also disputed marital relationship with the petitioner. He denied that she was unable to maintain herself and also the allegation that despite having sufficient means, he had failed and neglected to maintain her. The respondent specifically contended that he is a permanent resident of Hosayallapur, aged about 85 years and he had married a lady from Gobbaragumpi village and as he did not beget any children from her, she had left him. He further contended that, the petitioner taking advantage of this situation had filed this false petition.