SAVITHRI Vs. B. N. DAYANANDA

JUDGEMENT

(1.) The instant revision petition is filed by the petitioner- wife challenging the order dtd. 2/1/2018 passed in C.Mis.No.73/2016 by the Family Court in dismissing the petition filed under Sec. 125 of Cr.P.C., for maintenance.

(2.) It is the case set out by the petitioner that she is the wife of the respondent and out of the wedlock between them, a son is born by name Vivekananda. It is stated that after the marriage, initially for few years, both the petitioner and respondent were living cordially, but thereafter for no reason, the respondent has started neglecting the petitioner and child. Therefore, the petitioner was constrained to file a petition under Sec. 125 of Cr.P.C., for seeking maintenance, but the said petition was dismissed by the Family Court on the reason that the petitioner is not legally wedded wife, but she is the second wife. Hence, the Family Court dismissed the claim petition.

(3.) It is the defence of the respondent before the Family Court that the petitioner is a stranger and petitioner is not the wife of the respondent and child is not born to him. Therefore, the respondent has taken the contention that the petitioner is a stranger and do not have any relationship. Therefore, justified the order passed by the Family Court.