This Criminal Petition filed by the petitioner under

Section 482 of Cr.P.C., for setting aside the order of

dismissal passed by the I Additional Civil Judge and JMFC.,

Chikkaballapur in C.Misc.No.66/2008 filed under Section

125 of Cr.P.C., for seeking maintenance of Rs.3,000/- per

month and same was upheld by the I Additional District and

Sessions Judge, Chickballapur in Criminal Revision Petition

No.3/2015 on 13.02.2017.

2.

Heard the learned counsel for the petitioner and

respondent.

3.

The case of the petitioner before the Magistrate

is that, she has filed a petition under Section 125 of Cr.P.C.,

seeking maintenance of Rs.3,000/- per month claiming that

she has married to respondent about 20 years back as per

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Hindu Customs and rites and they are living happily up to

March 2005 in the house of respondent. Thereafter, there

was

a

misunderstanding

between

the

parties,

the

respondent neglected to maintain the petitioner without

providing basic needs and he was addicted to gambling,

alcoholic and other bad vices and he has also demanding

dowry. She has also stated that, respondent has received

of Rs.2000/- cash and gold chain from the parents of the

petitioner at the time of marriage and he has snatched all

the golden ornaments from the petitioner and deserted her

from the marital house in the month March-2005 onwards.

The Pachayath was held in the presence of Panchayathadars

and the said panchayath was went to vain. Therefore, she

has filed CMC No.63/2005 for claiming a maintenance where

the respondent has appeared before the Trial Court and also

appeared before the Lok-Adalath and filed a joint memo on

02.08.2008 holding that he will lead happy married life.

Subsequently, closure of the earlier petition, respondent has

only lived for 15 days and again started to harassing

petitioner and thrown out from the house on 01.09.2008.

4

Hence, she has approached the Court for maintenance. She

has also stated that respondent is agriculturist in profession

is having landed property and from which having income

more than Rs.8,000/- per month. Hence she request of

Rs.3,000/- per month towards her maintenance.

4.

Respondent appeared before the Court and filed

a statement of objection by denying all the averments and

taken specific contentions that he has not at all married the

petitioner

and

in

fact

he

has

only

married

one

Nagarathnamma having a woman child and he never

married the petitioner and by denying all the averments

prays for dismissal of the said petition.

5.

Thereafter, the petitioner herself examined as

PW.1 and she has got marked Ex.P.1 to Ex.P.3 and

respondent himself examined as RW.1 and also examined

two more witnesses as RW.2 and RW.3 and got marked

three documents as Ex.D.1 to Ex.D3 by confrontation of the

same documents in the cross-examination of PW-1 and

after hearing the arguments. Learned Magistrate dismissed

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the petition by holding that the petitioner is not all married

respondent and she has married some other person having

two grown children and accepted the contentions of the

respondent.

6.

Being aggrieved by the order of dismissal

petition, she had approached the I Additional District and

Sessions Judge, Chickballapura by filing Revision Petition

No.3/2015 and the learned I Additional District and Sessions

Judge also upheld the order of dismissal of the petition on

13.02.2017. Hence, the petitioner is before this Court.

7.

Learned counsel for the petitioner seriously

contend that both the Court below committed an error in

the appreciating documents that the petitioner has married

respondent

and

she

has

produced

the

documents.

Previously she has filed CMC for maintenance, respondent

came before the Court and matter was referred to Lok-

Adalath and in the Lok-Adalath both of them have filed joint

memo and he has undertaken to lead happy marital life.

Such being the case disbelieve the Ex.P.1 the Trial Court

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has not arises. Once he has admitted that before the Lok-

Adalath regarding leading happy m