CHIKKAHONNAIAH Vs. SIDDAGANGAMMA AND ORS.

JUDGEMENT

(1.) MARRIAGE of the petitioner with the first respondent was solemnized on 09.06.1996. The spouses are blessed with three sons. A petition was filed by the respondents under S. 125 Cr.P.C, to grant maintenance. Parties having deposed, considering the record of the case, petition was allowed, directing the petitioner to pay Rs. 1000/ - per month to his wife and Rs. 800/ - each to his sons, from the date of filing of the petition. The petitioner preferred Revision Petition under S. 397 of Cr.P.C, assailing the said award. The same having been dismissed on 01.10.2012, this petition was filed to set aside the said orders.

(2.) SRI S. Nagaraja, learned advocate, firstly contended that the first respondent, living in adultery, cannot claim maintenance from the petitioner. Secondly, the sum awarded in her favour considering the fact that the petitioner is an agriculturist and has no assured income, is highly excessive. Learned counsel submitted that the Courts below having failed to properly appreciate the record of the case, impugned orders being perverse, are liable to be set aside.

(3.) THE allegation of the petitioner that the respondent No. 1 is living in adultery and hence, is not entitled to maintenance has been considered by the learned Magistrate and finding that except his mere self -serving testimony, there is no other material to prove the allegation, was not accepted. M.C. No. 12/2004 filed by the petitioner in the Court of Senior Civil Judge, Ramanagar, Bengaluru Rural District has stood dismissed. Learned advocate for the petitioner fairly conceded that the allegation of adultery was not raised as a ground in M.C. No. 12/2004. The said contention having been reiterated has been held as devoid of merit by the learned Sessions Judge. In view of the concurrent findings recorded by both the Courts below, the first contention of the petitioner that the respondent No. 1 is leading an immoral life, should fail, in as much as, Sri S. Nagaraja was unable to point out any material from the record of the case, which has not been considered and findings recorded.