GIRIJAWWA Vs. HANAMAPPA

JUDGEMENT

(1.) THE wife filed the above petition against the order dated 11.09.2014 in Crl.Misc. No. 185/2013 on the file of the Prl. Judge, Family Court, Gadag dismissing the petition for maintenance filed under Section 125 of Code of Criminal Procedure.

(2.) IT is the case of the wife before the Family Court that the marriage between the petitioner and the respondent took place about 30 years ago and out of their wedlock, the petitioner gave birth to a daughter by name Uma, now she is aged about 28 years and married with one Halappa in the year 2004. It is the further case of the petitioner that after the marriage of the daughter, the respondent and family members started ill treating the petitioner on one reason or the other, more particularly teasing upon the character of the petitioner. Their allegation in respect of chastity is baseless and false. They all beat the petitioner inhumanly and threw her out of the house and tortured physically and mentally. Therefore, she started to stay with her parents at H.S. Venkatapur village and has also contended that she is an uneducated lady and has no independent income of her and she has to lead and life with the mercy of her parents at H.S. Venkatapura. Therefore, she filed the maintenance petition before the Family Court for maintenance.

(3.) THE respondent -husband has further contended that the petitioner by birth is adamant in nature. She has married with the respondent against her will and wish since beginning of her marriage, she never co -operated with the respondent. The respondent has tolerated all the acts of the petitioner and lead marital life with her. He further contended that the petitioner is leading adulterous life with one Sangappa S/o. Hanamappa Shanawad resident of Muganur village since last 7 years. When the petitioner and Sangappa caught hold by the respondent, the elders of Muganur village warned Sangappa and the petitioner. After that, the petitioner left the Muganur village. She started residing at H.S. Venkateapur village in Gadag taluk till today. The petitioner is leading adulterous life with the said Sangappa. He used to stay at H.S. Venkatapur as if he is the husband of the petitioner. The petitioner never cared for him. Due to this conduct, the respondent has suffered mentally and physically and he lost his reputation in the village. Such being the true facts, she has filed the baseless petition against him and he is residing in Janata house and absolutely there is no source of income and he is leading his life with great difficulty. The respondent further contended the petitioner is the only daughter to their parents and there is no other male person to her parents. The parents of the petitioner having an agricultural land bearing its R.S. No. 2/2+3a measuring 10 acres 34 guntas situated at H.S. Venkatapur village in Gadag taluk and it is in the joint name of the petitioner and her mother Yamanawa. She and her mother are also having one house in GPC No. 207 and back yard in GPC No. 223 which are also situated at Venkatapur village. It is also contended that the petitioner and her mother have sold 1 acre 22 guntas of land to the Government on 11.08.2011 for sale consideration of Rs. 8 Lakhs. The sale consideration is with the petitioner and her mother. In addition to this, the petitioner is getting agricultural income from the remaining land of Rs. 6 Lakhs to Rs. 8 Lakhs per year. The petitioner is having sufficient means of income in her parental house.