SAVITHRAMMA Vs. NRAMANARASIMHAIAH

JUDGEMENT

(1.) This Revision Petition raises an interesting quetsion as to the maintenance of the petitioner who alleges that she is the lawful wife of the respondent. The -petitioner belongs to Kurbar Community and the respondent to Padmasale Community. She filed an application under Section 488 of the Criminal Procedure Code in the Court of the City Magistrate, Bangalore, requesting for maintenance to herself as well as to her children, against the respondent Ramanarasimhaiah, who was at that time a Sub-Inspector of Police. The latter while acknowledging that the children were born to him, did not acknowledge the status of their mother as his legitimate wife. Ho alleged on the other hand that he had already married a wife by name Lakshmidevamma. He also contended that he and the petitioner did not live as husband and wife together for a number of years though the children were born to them. At this stage it was brought to my notice that during the pendency of this case before the City Magistrate, he has taken possession of the children and they are in his custody. The learned City Magistrate dismissed the petition and aggieved by this, the petitioner has come In revision to this Court. So the matter that requires consideration at the hands of this Court is whether the petitioner is entitled to maintenance under the provisions of the Section 488, Criminal Procedure Code.

(2.) The petitioner alleges that she is the legitimate wife of the respondent; she was married to the respondent in the year 1939, that she and the respondent have lived together ever since as husband and wife until he discarded her in the year 1958.

(3.) In support of her contention she has relied upon Exhibit P 5, a registered agreement dated 10-4-1952 executed by the respondent in her favour. The respondent states therein as per Exhibit 5(a) that for 13 years the petitioner has befriended him. It also states as follows: You and I lived together like wife and husband. Three children are born to us and they are alive. As there is no document evidencing our relationship as husband and wife, I have this day executed this agreement. Sri Mariappa, learned Counsel for the petitioner strongly relied on this document as evidence of legitimate relationship of wife and husband between the petitioner and respondent. For the purpose of this case this being a summary proceeding - whether it can be culled out from this document that such a relationship of legally married husband and wife exists? In juxtaposition with this document, another document is to be read and that is the Will executed on the very same day by the respondent in which he makes a provision for the maintenance of his children. That is also a registered document and it is marked as Exhibit D-3 in this case. The relevant provisions in it marked as Exhibit D-3 (b) run as follows: