PARVATHAMMA Vs. K BASAVARAJAPPA @ BASAPPA

JUDGEMENT

(1.) Crl.Mis.No.110/2006 filed by the present petitioner against the present respondent in the Family Court at Davanagere (henceforth for brevity referred to as the "Family Court") under Section 125 of the Code of Criminal Procedure, 1973, seeking the relief of maintenance from the respondent at the rate of Rs. 5,000/- per month came to be dismissed by the Family Court by its order dated 29.04.2010. Aggrieved by the said order, the petitioner has preferred this petition.

(2.) Despite service of notice upon the respondent, he has remained absent/unrepresented.

(3.) It was the contention of the petitioner in the Family Court that she was married to the respondent herein on 06.04.1975 as per the custom prevailing in their community and in the presence of elders. Out of the marriage wedlock, they got two children, a male and a female with name Dhanya Kumar and Manjula, respectively. Contending that her husband after undergoing second marriage with one Smt. Kariyamma, has deserted her and refused to give any maintenance to her and her family, the petitioner instituted a petition before the Family Court.