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2024 Supreme(Online)(Kar) 43453

KARNATAKA HIGH COURT
C. G. BASAVARAJA – Appellant
Versus
SMT. H. SUMITHRA – Respondent


ORDER

Challenging order dated 16.11.2023 passed in Criminal Miscellaneous no.202/2019 by Family Court, Davanagere, this petition is filed.

2. Sri B.K. Manjunath, learned counsel for petitioner submitted that petitioner is husband and respondent - wife had filed petition before Family Court for maintenance. It was submitted that marriage of petitioner and respondent was celebrated on 06.03.1986 at Chikkanahalli village, Davanagere Taluk. It was submitted that after marriage, two daughters were born. Subsequently without any justification, respondent disserted petitioner and started residing at her parents house. Thirty years thereafter, respondent filed application under Section 125 of Cr.P.C. seeking for maintenance at rate of Rs.10,000/- per month allegedly at instance of daughters. It was submitted, said application was totally devoid of merits. It was specifically submitted, there were no specific averments in petition about entitlement for maintenance. It was further submitted, application being filed after thirty years was not taken note by learned Family Judge. It was also submitted, petitioner was an agricultural coolie having meager income and award of maintenance at rate of

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