RATHNAMMA Vs. NARASIMHAPPA

JUDGEMENT

(1.) This Criminal Petition filed by the petitioner under Sec. 482 of Cr.P.C., for setting aside the order of dismissal passed by the I Additional Civil Judge and JMFC, Chikkaballapur in C. Misc. No. 66/2008 filed under Sec. 125 of Cr.P.C., for seeking maintenance of Rs.3,000.00 per month and same was upheld by the I Additional District and Sessions Judge, Chickballapur in Criminal Revision Petition No. 3/2015 on 13/2/2017.

(2.) Heard the learned counsel for the petitioner and respondent.

(3.) The case of the petitioner before the Magistrate is that, she has filed a petition under Sec. 125 of Cr.P.C., seeking maintenance of Rs.3,000.00 per month claiming that she has married to respondent about 20 years back as per Hindu Customs and rites and they are living happily up to March 2005 in the house of respondent. Thereafter, there was a misunderstanding between the parties, the respondent neglected to maintain the petitioner without providing basic needs and he was addicted to gambling, alcoholic and other bad vices and he has also demanding dowry. She has also stated that, respondent has received of Rs.2000.00 cash and gold chain from the parents of the petitioner at the time of marriage and he has snatched all the golden ornaments from the petitioner and deserted her from the marital house in the month March-2005 onwards. The Panchayath was held in the presence of Panchayathadars and the said panchayath was went to vain. Therefore, she has filed CMC No. 63/2005 for claiming a maintenance where the respondent has appeared before the Trial Court and also appeared before the Lok-Adalath and filed a joint memo on 2/8/2008 holding that he will lead happy married life. Subsequently, closure of the earlier petition, respondent has only lived for 15 days and again started to harassing petitioner and thrown out from the house on 1/9/2008. Hence, she has approached the Court for maintenance. She has also stated that respondent is agriculturist in profession is having landed property and from which having income more than Rs.8,000.00 per month. Hence she request of Rs.3,000.00 per month towards her maintenance.