JAGADEVI Vs. ARAVIND

JUDGEMENT

(1.) The Petitioner who is the wife of the respondent herein has approached this Court challenging the order dated 14.10.2014 passed in Criminal Miscellaneous No. 392/2013 by the Family Court Judge, Bijapur, in refusing to grant maintenance under Section 125 of Cr.P.C., on the ground of adultery.

(2.) I have heard the arguments of the learned Advocates appearing for the petitioner and the respondent and I have carefully perused the records and the evidence adduced by the parties.

(3.) There is absolutely no dispute between the parties regarding relationship that, the petitioner is legally wedded wife of respondent and their marriage took place during the year 1987 and thereafter, they lived as husband and wife together for long years up to 2013 and they were blessed with three children. It is stated by the petitioner that on 01.05.2013, the respondent has driven out the petitioner from her matrimonial home. Without any alternative, the petitioner took shelter in her parental house and started residing there. Thereafter, she filed an application before the Family Court under Section 125 of Cr.P.C., seeking maintenance from the respondent. It is also not in dispute between the parties that the petitioner and the respondent were blessed with three children. The first child by name Kumari Jyoti was aged about 17 years, the second child by name Kumar Allamaprabhu was aged about 13 years and another son by name Kumar Siddaling was aged about 9 years as on the date of the filing of the petition. It is also not in dispute that all the children are at present residing with the respondent-husband and petitioner-wife is residing in her parental house. It is urged that the petitioner is having agricultural lands and getting income of Rs. 10,00,000/- per annum. Therefore, the petitioner claimed maintenance of Rs. 10,000/- per month.