VEERANNA Vs. SUMITRABAI

JUDGEMENT

(1.) The above Criminal Revision Petition is directed against the order dated 4-7-1988 passed by the learned Additional Sessions Judge, Ciulbarga in Criminal Revision Petition No. 44/87 allowing the same by setting aside the order dated 19-3-87 passed by the learned J.M.F.C., Chittapur in C.C. No. 78/1980.

(2.) The laets of the case in brief are, The petitioner is the husband of the Respondent-wife. This is a revision by the husband. Respondent-wile filed a petition under Section 125 Cr.P.C. in C.C. No. 73/1980 on the file of the J.M.F.C, Chittapur claiming the maintenance at the rate of Rs. 300/- per month. The Respondent - alleged that she is the wife of the petitioner-husband, her marriage with the petitioner was solemnised when she was aged about 9 years, and she was suffering from mental disease, therefore she was taken to her parents to Ravoor village. She was treated for a period of 6 to 7 years. Thereafter she was recovered. After recovery, the parents of the respondent requested her husband to take her back to his house. However, the husband refused to take but he married another lady by name Annapurna of Mashaal village.

(3.) The allegation of the petitioner's wife is that she was neglected by her husband to maintain. Therefore she has filed a petition under Section 125 Cr.P.C. in the Court of JMFC, Chittapur for her maintanance. The respondent-husband admitted that the petitioner in the trial Court is his wedded wife. The marriage of petitioner and respondent took place when she was of 9 years and he was of 12-13 years old- He also inter-alia contended that the petitioner's mental condition was not good. As the menia! condition of the petitioner-wife is not good, it is false to say that she was treated and she recovered. He also admits that he had married a second wife about 10 years back. It is averred in his objection statement that the husband- respondent was suffering from T.B. Therefore, they were kept separately in the neighbouring houses.