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1993 Supreme(Kar) 89

B.N.KRISHNAN, M.RAMAKRISHNA RAO
GAYITHRI – Appellant
Versus
RAMESH ALIAS SIDDARAMESH – Respondent


Advocates:
HEMALATHA MAHISHI

B. N. KRISHNAN, J.

( 1 ) THE appellant herein was the petitioner before the Principal Judge, Family court, Bangalore, in C Mis. No. 446pf 1990 and being aggrieved by the dismissal of the petition filed by her under Section 125, Cr. P. C has preferred this appeal. The petitioner has pleaded that she was married to the respondent on 13-4-1977 and till August, 1980 they were living without much problem and in that month he married another girl by name Jayataxmi and subsequently used to visit her. Respondent has not been paying anything to her towards her maintenance. He has sufficient means as he is working as a mechanic in B. T. S. , Bangalore, and gets salary of Rs. 2,500/- per month. Therefore, she has sought for recovery of separate maintenance of Rs. 500/- per month. The respondent remained absent after service of notice in the trial court and thereafter he was placed ex pane and the case was posted for ex pane evidence by way of affidavit and the petitioner filed an affidavit swearing to the several circumstances pleaded by her in support of the petition and after consideration of the said affidavit, the learned Judge came to the conclusion that no case had been made out for gra








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