RUDRAMMA Vs. H R PUTTAVEERABHADRAPPA

JUDGEMENT

(1.) The petitioner who claims to be legally wedded wife of the respondent has filed this petition being aggrieved by the order dt. 25-10-1982 passed by the J.M.F.C., Gowribidanur, in C.M.C. No. 2/82, whereby he has dismissed the application made by the petitioner under S.125 of the Cr. P.C. as not maintainable.

(2.) The petitioner made that application under S.125 Cr. P.C. claiming maintenance at the rate of Rs. 500/- per month from the respondent contending, inter alia, although the respondent married her at Gowribidanur of 29-8-1980 in accordance with the Hindu Marriage Customs and Rites and she also lived with him for one year as his legally wedded wife in his house at Hulikunte, but later on for no fault of her he started illtreating her and at last deserted her without any sufficient cause and despite issue of legal notice to him to take her back, he had failed to do so and refused to provide maintenance to her and that she had no other source or means for her maintenance. The respondent who contested the application not only denied that there was any such marriage between him and the petitioner, but also contended that the parents of the petitioner had got filed the application with false allegations of marriage to defame and humiliate him and, therefore, the application was not maintainable. He also contended that he had also no separate source of income and the amount of maintenance claimed at the rate of Rs. 500/- was also beyond his means and ability to pay.

(3.) During inquiry the petitioner examined herself as PW-1 and her father Honnappa as PW-2. Besides, she examined one Rudrappa and another Chandrashekarappa as PWs-3 and 4 and Purohit Basavaradhya, who had, according to her, performed the marriage as PW-5 to prove the marriage between her and the respondent. She also produced the notices exchanged and the invitation and Lagnapatrika as Exs. P-1 and P-4. As against this, the respondent examined himself as RW 1.