SANGEETA @ SAVITRI Vs. SHAILESH @ SIDDAYYA

JUDGEMENT

(1.) I have heard the arguments of the learned counsel appearing for the petitioner and learned counsel appearing for respondent.

(2.) The present petition is filed under Section 482 of Cr.P.C. praying this Court to set aside the order passed by the I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi passed in Criminal Revision Petition No.56/2012 dated 18.10.2016 and the order passed in the Court of Principal Civil Judge at Mudhol in Crl. Misc.No.5/2009 dated 28.03.2012.

(3.) The factual matrix of the case is that the marriage of the petitioner and respondent was solemnized on 28.05.2005 and thereafter the petitioner has joined the matrimonial home. During the Deepavali Festival of the year 2007, this petitioner was driven out of the house. The petitioner further contends that on 24.06.2008 the respondent has contacted second marriage with one Smt. Kavita at Shri Paramanand Temple of Mugulkod Village and hence the private complaint is also filed before the jurisdictional Magistrate for the offence under Section 494 of IPC. The petitioner has filed the petition under Section 125 of Cr.P.C. claiming maintenance of Rs.3,500/- per month. In order to substantiate her claim she herself has been examined as PW.1 and also examined one witness as PW.2 and got marked the documents at Ex.P1, RTC extract. The respondent himself examined as RW.1 and also examined one witness as RW.2. The Court below after hearing both the parties dismissed the maintenance petition. Being aggrieved by the order of dismissal, the petitioner has filed Criminal Revision Petition before the I Addl. District and Sessions Judge, Bagalkot sitting at Jamakhandi and the revision petition is also dismissed confirming the order of the lower Court. Hence, the present petition is filed before this Court.