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2021 Supreme(Kar) 156

H.B.PRABHAKARA SASTRY
Nagaraj, S/o Rangappa – Appellant
Versus
Nirmala, W/o Nagaraj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri. Maruthi G.B., Advocate

ORDER :

The respondents herein had instituted a case in Crl.Misc.204/2014 against the present petitioner in the Family Court at Davanagere(for brevity, the ‘Family Court’) under Section 125 of Code of Criminal Procedure (for brevity, ‘Cr.P.C.’) seeking monthly maintenance at the rate of Rs.10,000/-per month payable to them by the respondent therein.

2. The summary of the case of the petitioners in the Family Court was that the first petitioner was the legally wedded wife of the respondent having married to the respondent about twenty years back according to the customs and traditions prevailing in their community. Out of the wedlock, three sons namely Madhusudhan, Manoj and Sandeep (petitioner No.2 in the Family Court) were born to them. The first two sons namely Madhusudhan and Manoj are residing with the respondent. The third son Sandeep (petitioner No.2) is under the care and custody of petitioner No.1 and he is pursuing his studies. Only for about two years of their marriage, petitioner No.1 could be able to lead a happy married life with the respondent. Thereafter the respondent/husband started assaulting petitioner No.1 under intoxication and also suspecting her chastity. He wa

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