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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 18^TH DAY OF DECEMBER 2019

BEFORE

THE HON’BLE MR. JUSTICE P.G.M.PATIL

CRIMINAL REVISION PETITION NO.100143/2018

BETWEEN:

SMT. CHELLA RANGAMMA W/O CHELLA RANGAIAH

AGE: 59 YEARS, OCC: COOLIE,

R/O: INDIRA NAGARA,

5TH WARD,KAMPLI OF HOSAPETE,

TQ: HOSAPETE, DIST: BALLARI-583132.

... PETITIONER

(By Sri. GODE NAGARAJA, ADV.)

AND

SRI. CHELLA RANGAIAH S/O VENKATESH

AGE: 65 YEARS, OCC: LANDLORD/AGRICULTURIST,

RO: INDIRA NAGARA,

6TH WARD, VINAYAKA NAGARA,

NEAR VENKATESHWARA TALKIES,

KOTTAL ROAD, KAMPLI OF HOSAPETE,

TQ: HOSAPETE, DIST: BALLARI-583132.

... RESPONDENT

(By Sri S.S. YADRAMI, ADV.

FOR Sri KIRAN ANGADI, ADV.)

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THIS CRIMINAL REVISION PETITION IS FILED

UNDER SECTION 397 R/W S. 401 OF CR.P.C. 1973,

PRAYING TO CALL FOR THE RECORDS FROM THE

TRIAL COURT AND SET ASIDE THE ORDER DATED

19.06.2018 PASSED BY THE LEARNED PRINCIPAL

CIVIL JUDGE & JMFC, HOSPETE, IN CRL. MISC.

NO.96/2009 AND ALLOW THE PETITION IN CRL. MISC.

NO.96/2009 FILED UNDER SECTION 125 OF CRPC BY

THE PETITIONER AND GRANT MAINTENANCE.

RESERVED FOR ORDERS ON: 5/12/2019

ORDERS PRONOUNCED ON :18/12/2019

THIS PETITION HAVING BEEN HEARD AND

RESERVED FOR JUDGMENT, COMING ON FOR

PRONOUNCEMENT OF ORDERS THIS DAY, THE

COURT PASSED THE FOLLOWING:

ORDER

The petitioner being aggrieved by the order

dated 19/6/2019 passed by the Prl. Civil Judge

and JMFC, Hosapete, in Crl.M.C.No.96/2009

has filed this revision petition seeking to set

aside the said order and allow her petition filed

under Section 125 of Cr.P.C.

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2. The brief facts of the case are as

follows:-

The petitioner filed petition under Section

125 of Cr.P.C. seeking monthly maintenance of

Rs.5,000/- from the respondent. She has stated

in the petition that she is the legally wedded

wife of respondent and their marriage was

solmanized 30 years back as per the custom of

Hindu religion at Chinna Kondalahpalli village

in Ananthpur district of Andra Pradesh. After

the marriage, she joined the respondent at

Kampli and led married life up to 1996. Out of

the said wedlock, she has given birth to a

daughter by name Bharati. She is now not

residing with her husband. She has further

stated that respondent neglected to maintain her

and she was driven out from the house during

1996. Since then, she is living separately by

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doing coolie work. Now due to her age and also

suffering from ailments, she has no source of

income to lead her life. The respondent being an

agriculturist is owning agricultural lands of

more than 50 acres and getting annual income

of Rs.5 lakhs and he is having sufficient income

to maintain the petitioner. She got issued legal

notice to respondent demanding maintenance of

Rs.5,000/- p.m. But the respondent has given a

false reply contending that she is not his wife

and she herself has filed a memo stating that

the respondent is not her husband. The

petitioner has further stated that she and her

daughter have withdrawn the cases filed earlier

on the assurance of the respondent that he

would settle their claims.

3. In pursuance of the notice, the

respondent appeared before the trial Court and

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filed

his

objections

denying

the

petition

averments. He has specially denied that the

petitioner is his legally wedded wife and a

daughter was born in the said wedlock. He has

contended that the petitioner and her daughter

had field a false case in Crl.Misc.No.25/2003

before the trial Court and also a civil suit

bearing O.S.No.153/2003 before the Senior Civil

Judge, Hosapete against the respondent. After

filing the objection and written statement in the

said cases, the petitioner and her daughter filed

a memo to withdraw the said cases by admitting

that respondent is not her husband and father

of her daughter. He has denied about the

alleged promise to settle the claim. He has

further stated