K. SREEDHAR RAO, J.

The wife and children of the respondent have filed a petition seeking maintenance. In the petition it is stated that the first appellant (wife) was subjected to dowry harassment and cruelty. A complaint was filed against the respondent in Cr. No. 357 of 1994 for committing the offences punishable under Section 498-A and 324 of the Indian Penal Code, 1860 and Section 3 and 4 of the Dowry Prohibition Act, 1961.

2. It is further stated that the respondent during the pendency of the complaint bigamously married to one Manjula and he has two children in the wedlock. The respondent/ husband contested the suit and denied the allegations of cruelty. The respondent alleged that the first appellant developed illicit intimacy with one Ramaiah and because of illicit intimacy she deserted the company of the respondent.

3. The appellant has examined as P.W. 1. The respondent/husband has examined himself as D.W. 1 and one witness-D.W. 2. The husband has not placed any credible evidence to prove the illicit intimacy with one Ramaiah that she has deliberately deserted the company of the respondent.

4. The husband has filed a petition seeking divorce on the ground of