NAGAMALLAPPA K M Vs. B J LALITHA

JUDGEMENT

(1.) This Criminal petition one under Section 482, of the Code of Criminal Procedure (the Code) is directed against the order dated 11-11-1983 passed by the Additional Sessions Judge at Mysore in Cr.R P.No. 24/1983, dismissing the revision petition and confirming the order dated 16-2-1983 passed by the Munsiff& Judicial Magistrate First Class, T. Narasipur, in C. Mis. No. 4/1981, granting a monthly maintenance of Rs. 100/- to the first respondent and Rs. 151- to the second respondent from the date of filing the petition with cost of Rs. 150/- on an application filed by the respondents against the petitioner under Section 125 of the Code.

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

(3.) The petition for maintenance was grounded on the following allegations : The first petitioner is the legally wedded wife of the respondent. The marriage between them was performed on 27-4-1978. Through the wed-lock the second petitioner was born on 21-12-1980. The respondent deserted the first petitioner about one year before the petition for maintenance was filed which was on 16-7-1981. The respondent having deserted the first petitioner contracted a second marriage in the month of June, 1980 with one Sudhamani, daughter of Mahadevappa of Hasguli in Gundlupet Taluk. He did not even care to visit the petitioner and to see his own child after the child was born. The respondent owns vast agricultural lands yielding high income. He has a big agricultural establishment including a tractor. The annual income from the lands alone is not less than Rs. 40,000/-. The petitioners are unable to maintain themselves. Although the respondent has sufficient means, he refused or neglected to maintain the petitioners. On these grounds, the petitioners filed an application for maintenance under Section 125 of the Code, claiming maintenance at the rate of Rs. 500/- to each of them per month in addition to Rs. 1000/- towards the expenses for their clothes and also granting costs and such other reliefs