THERESSA GURUDAS Vs. K S GURUDAS

JUDGEMENT

(1.) This is a revision against the order dated 18/8/1986 passed by the II AddI. Sessions Judge, Dharwad, setting aside the order dated 31/7/1985 passed-by the AddI. Chief Metropolitan Magistrate, Dharwad in Cr1. Case (MIs) 52/81 awarding a monthly maintenance of Rs. 100/- to the petitioner-wife from the date of the order i.e. 31/7/1985.

(2.) The parties have been referred to in this revision with reference to their position in the court of the Magistrate.

(3.) The petitioner-wife was married to the respondent husband at Dharwad according to Christian rites. The petitioner gave birth to three male children namely Arthur-now aged 23 years, Moses- now aged 20 years and Edwin -now aged 19 years. The petitioner and the respondent lived happily for three years after the marriage. According to the petitioner, thereafter the respondent started leading an immoral life and created a situation, which the petitioner could not tolerate. At the instance of a kept-mistress, Irene, the respondent, while he was living with the petitioner at Panje in South Kanara ill-treated her, beat her and drove her out of the house. Learning about the same the petitioners family members fetched her back to Dharwad. According to the petitioner, all her attempts to persuade the respondent to lead a happy married life with the petitioner, proved vain. The respondent is residing with the said kept mistress Irene all these years arid the latter has given birth to two male children. Not leaving, the matters as they were, the respondent took away all the three children born to the, petitioner and forcibly kept them with him depriving, the petitioner of her motherly happiness. As the petitioner is now a helpless lady, unable to earn her livelihood, she sent a notice through an advocate to the respondent on 26-5-81 to provide her with maintenance of Rs. 400/- per month. The respondent denied his liability to maintain her and hence she filed the petition claiming maintenance.