LAWS(APH)-1990-1-15

G SEETBARAMULU Vs. G RATHNAMMA

Decided On January 29, 1990
GOLLA SEETHARAMULU Appellant
V/S
GOLLA RATHNAMMA Respondents

JUDGEMENT

(1.) This is a petition filed under Section 482 of the Code of Criminal Procedure to quash the orders passed in Crl. Revision Petition No. 14 of 1987 on the file of the I Additional Sessions Judge, Kurnool.

(2.) The petitioner is the husband and the respondent is the wife, The parties are Hindus and the marriage between them took place in the year 1963 at Tirupati according to Hindu religion and custom. Both lived together happily for about a period of three years. During that period they did not beget any children. In December, 1966 she went to her parents' house for Sankranti festival and the respondent made no attempt to take her back and from then onwards they started living separately. She got issued a notice on 18-7-1984 to pay a monthly allowance of Rs. 509/- per month but the husband never cared to take the notice and reply to it. Therefore, she filed a petition before the Addl. Judicial First Class Magistrate, Nandikotkur, under Section 125 Cr. P.C. claiming a maintenance of Rs. 300/- per month alleging that her husband wilfully neglected to maintain her.

(3.) The husband, who is the petitioner herein, resisted the application on the ground that she deserted him and that she had illicit intimacy prior to and subsequent to the marriage with her sister's husband.