PARVATEVVA Vs. SHIVAYYA

JUDGEMENT

(1.) THE 1st petitioner claiming to be wife of respondent and petitioners 2 and 3 claiming to be the daughters of respondent, filed Criminal Miscellaneous Case No. 40/95 before the trial Court and prayed for maintenance of Rs. 500/- each under Section 125 of Cr. P. C. The trial Court, on hearing both the parties, ordered that the petitioners 2 and 3 herein are entitled to Rs. 100/- each per month and 1st petitioner is entitled for monthly maintenance of Rs. 300/- from the respondent from the date of the petition. The said order of granting maintenance was challenged before the Sessions Court, Bagalokot by filing Criminal Revision Petition No. 21/2002 by the husband-respondent herein. The Sessions Court set aside the order of grant of maintenance in favour of 1stpetitioner herein and confirmed the order of awarding maintenance of Rs. 100/- per month to petitioner 2 and 3 herein. Assailing the correctness of the order passed by the Sessions Court refusing for grant of maintenance to the 1st petitioner, this revision petition is filed.

(2.) THE case of the claimants is that, Parvatevva-1st petitioner herein is the legally wedded wife of respondent and their marriage was performed at Sri Somanath Devastan, Sogal, Belgaum District, as per the customs prevailing in their community. The two daughters are born during the subsistence of the marriage between Parvatevva and Shivaiah (Respondent herein ). As all the three claimants are neglected by Shivaiah, they filed an application before the trial Court praying for grant maintenance of Rs. 500/- each. The respondent-Shivaiah took up the contention that he is married with one Smt. Akkamahadevi in the year 1982 itself and that therefore Parvatevva is not entitled to maintenance as she is not his legally wedded wife. In support of his contention he produced Exs. R-1 to R-10.

(3.) BOTH the Courts below have held that Smt. Parvatevva is the wife of Shivaiah and that Soneswari and Sumangala are born out of the wedlock between Shivaiah and Parvatevva. However, the Sessions Court by relying upon Exs. R-1 to R-10 came to the conclusion that Shivaiah married Akkamahadevi d/o Irayya on 9. 5. 1982, and consequently, the marriage between Shivaiah and Parvatevva will be the second marriage, which is void ab initio. In this view of the matter, the prayer of Smt. Parvatevva was refused by the Sessions Court by holding that she is the second wife of Shivaiah and is not entitled to maintenance.