NEELAKANTAPPA Vs. AMBAMMA

JUDGEMENT

(1.) This Criminal Revision Petition one under Section 397 of the Code of Criminal Procedure (the Code) is directed against the order dated 21-1-1984 passed by the Sessions Judge at Raichur in Cri.R.P.No. 5/81 in allowing the revision and setting aside the order dated 11-12-1980 passed by the J. M. F. C., Sindhanoor, in Cr. Misc.No. 30/77 and directing the learned Magistrate to dispose of the petition filed by the respondent Ambamma under Section 125 of the Code claiming maintenance against the petitioner Neelakantappa on merits on the basis that the respondent had proved that she was the legally wedded wife of the petitioner.

(2.) I shall refer to the parties in the course of this order as they were arrayed in the Court of the first instance.

(3.) The matter arises in this way : The petitioner Ambamma filed a petition under Section 125 of the Code for the grant of maintenance at the rate of Rs. 300/- per month against the respondent on the ground that she was the legally wedded wife of the respondent and that the respondent had neglected and refused to maintain her although he had possessed sufficient means. The respondent resisted the claim of the petitioner on several grounds including denying his marital relationship with the petitioner as alleged by the petitioner in the petition contending that she was an utter stranger to him. The trial-court raised several points on the pleadings of the parties among which the first point formulated was "Whether the petitioner is the legally wedded wife of the respondent?". The trial Court, on appreciating the evidence adduced by the parties, recorded a negative finding under this point holding that the petitioner had failed to Prove that she is the legally wedded wife of the respondent and on that basis it answered all the other points formulated by it as they did not survive for consideration and finally dismissed the petition as per its order dated 11-12-1980.