V.B. JAGADISH Vs. SHIVAMMA

JUDGEMENT

(1.) HEARD Sri Krishnamurthy, learned Advocate appearing for petitioner and Sri M Ashok Kumar, learned Advocate appearing for respondent No. 1. Sri M. Ashok Kumar also submits that respondent No. 1 being mother of respondent No. 2 is taking care of interest of respondent -2, she represents him as guardian and as such, he would also undertake to appear on behalf of respondent -2. His submission is placed on record.

(2.) FACTS in brief which has led to filing of this petition can be crystallized as under:

(3.) SRI Krishnaswamy, learned Advocate appearing for petitioner -husband has contended that Family Court erred in not considering the evidence in proper perspective and it is the wife who had withdrawn herself from the company of husband without any justifiable cause and as such, ingredients of Section 125 Cr.P.C. is not attracted and as such he prays for setting aside the order under revision. He would elaborate his submission by contending that wife is working in a school and earning salary of Rs. 5,000/ - per month and non -consideration of this aspect has also vitiated the order in question. Hence, he prays for allowing of the revision petition.