VITTALA N.S. Vs. D.N.SHASHI

JUDGEMENT

(1.) The petitioner is before this Court calling in question order dtd. 11/7/2022 passed in Criminal Miscellaneous No.625 of 2021 pending before the IV Additional Principal family Judge, Mysore in an application filed under Sec. 125(1) of the Cr.P.C.

(2.) Heard Sri M. Vikas, learned counsel appearing for the petitioner and Sri D.J. Govindaraju, learned counsel appearing for the respondent.

(3.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioner aged 66 years old and the respondent aged 60 years old got married on 13/3/2020 when they were 64 and 58 years old respectively. The averments in the petition are that the petitioner was wanting a companion and the respondent, a divorcee was also wanting a companionship and accordingly by mutual consent got married. On 29/4/2020 the innings of the couple began and on 29/5/2020 the respondent deserted the petitioner and leaves the matrimonial home. After leaving the matrimonial home after staying for one month, the respondent institutes two proceedings - one seeking divorce from the hands of the petitioner and the other under Sec. 125 of the CrPC seeking maintenance. It appears that the petition seeking divorce in M.C.No.424 of 2021 was withdrawn by the complainant. The criminal miscellaneous petition so filed seeking maintenance is considered on a application filed under Sec. 125(1) of the CrPC and an order is passed directing payment of interim maintenance of Rs.7,000.00 per month from the date of the application till disposal of the petition. The petitioner challenges the said order before this Court in the subject petition.