SHANTAVVA Vs. ASHOK

JUDGEMENT

(1.) THE petitioner in Crl.Misc. No. 202/2011 on the file of Family Court, Dharwad, has come up in this revision petition impugning the order dated 4.5.2013 in dismissing her application filed under Section 125 of Cr.P.C. seeking maintenance at the rate of Rs. 10,000/ - per month. In this proceeding the petitioner and respondent are respectively widow and widower before the marriage is said to have taken place between them in the year 1995. It is the case of the petitioner herein that she was earlier married to one Ramesh Athawadkar. In the said wedlock she had two daughters prior to 1995. It is stated that after the death of Ramesh, she met respondent Ashok Hanchinamani a widower having a daughter aged about 6 years living with him. According to her, both the petitioner and respondent got married and their marriage was performed in Ganesh Temple at Belgaum and thereafter they started living together as husband and wife in the quarters which is provided to the respondent by P & T Department.

(2.) ADMITTEDLY the respondent herein is an employee of Post and Telegraph Department and in the year 1995 he was working at Belgaum. It is stated that the petitioner and respondent lived together as husband and wife happily for some time and thereafter differences arose between them due to respondent addicting to vices, which resulted in the respondent treating the petitioner with cruelty. It is stated that in the meanwhile the respondent was transferred to Kudachi and he was drawing a salary of Rs. 30,000/ - per month. During the time when the petitioner and respondent were residing at Kudachi, she was thrown out of the matrimonial house. Hence she filed a petition in Crl.Misc. No. 202/2011 on the file of Family Court, Dharwad, seeking maintenance at the rate of Rs. 10,000/ - per month.

(3.) OUT of that one of the document is the order in Crl.Misc. No. 239/2010 filed by her under section 125 of Cr.P.C. seeking maintenance on the file of Family Court, Belgaum, which was dismissed on the ground that the said Court has no jurisdiction to entertain the same and directing the petitioner herein to initiate proceedings before the Court of JMFC at Dharwad and along with that the school leaving certificates of her daughters Sujata and Sangeeta showing the name of respondent as their father and LIC policy status report of the policy standing in the name of the petitioner wherein the nominee is respondent and the relationship between the nominee and the policy holder is husband and wife and photographs along with negatives showing the petitioner and respondent standing next to each other like married couple and other photographs which are taken at the time when the respondent's daughter attained puberty during which time the petitioner and respondent are standing next to the girl as parents and sitting next to each other in the midst of relatives indicating that the said function is conducted by them as parents of the girl who is biological daughter of respondent. According to the petitioner she is step mother of the said child whom she has looked after as her own child.