PETITION FILED ON BEHALF OF THE PETITIONERS U/S125 OF CRIMINAL PROCEDURE CODE

 IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS: -------.

 

 

M.C.No.          /2021

Between:-

 

1.    Koneti Jamuna

2.    Hemadri Ganasyam (Minor)

 

Petitioner No.2 is Minors, hence he

is rep. by his mother 1^st petitioner herein

     as a natural guardian                                    … Petitioners.

 

And:-

                 Hemadri Harikrishna Raju                            … Respondent.

 

PETITION FILED ON BEHALF OF THE PETITIONERS

U/S125 OF CRIMINAL PROCEDURE CODE

 

1. PETITIONER:-

 

 

1.    ****, W/o. *****, Hindu, aged about 40 years, House-wife.

2. ****** (Minor) S/o ******, Hindu, aged about 2 years,  

    Petitioner No.2 is Minor, hence he is rep. by his mother 1^st petitioner herein as a natural guardian.

                                   

 

                       

        The address of the Petitioners for the purpose of service of   process and notice etc. is as stated above and also care of    
 

2.RESPONDENT:-

 

        *****, S/o. ******, Hindu, aged about 40 years, Doctor , residing at 1^st floor, North facing, Knakappa layout, Medahalli, Bangalore-****. within the limits of Bangalore Police Station.  

               

       The address of the respondent for the purpose of service of process and notice etc., is as stated above.

 

3.  It is submitted that the 1^st Petitioner is legally wedded wife of the Respondent. Their marriage was celebrated on 18-11-2010 at T.M.R. Kalyana Mandapam in Tirupathi, according to Hindu rites and customs. At the time of their marriage the 1^st petitioner parents presented cash of Rs.5,00,000/-( Rupees Five Lakh) cash, 15 sovereign of gold to her and 3 sovereign of gold to the respondent and spent Rs.3,00,,000/- for marriage expenses. In addition to that, the 1^st petitioner parents gave Rs.20,000/- to the respondent for cloths. The said marriage was duly consummated and they have begotten one male child i.e. the petitioner No. 2 herein.  

 4.  It is submitted that after the marriage 1^st petitioner joined conjugal society of respondent at Bangalore and as usual the first three nights are conducted at house of the petitioner.  The respondent spent three days happily in the house of the petitioner. The respondent left petitioner at house of the respondent and he himself went to the Bangalore. The respondent was waited up to 3 months. The respondent did not come to the petitioner’s house. The parents of the petitioner got doubt upon the family of the respondent. So the parents of the petitioner and one Siva Raju, who is maternal uncle of the petitioner and brother of the petitioner Phani Bushana Raju went to the Bangalore and conducted mediation. There was rapture; at finally they said that they would bring the petitioner very soon. Accordingly the respondent took the petitioner to his house in Bangalore on 10/2/2016. But the parents of the respondent made a condition to the petitioner that she should not to talk to the relatives of the respondent and not to go to their houses and insisted the petitioner to go to Job. The petioner went to job in East point Engineering College and yearn some money. But they did not satisfy with that money.  After that the respondent and his mother started to demand the 1^st petitioner to bring additional dowry from her parents and abused her in filthy language with intent to diminish her moral values and also used to pick up quarrels for petty reasons. The respondent has been demanding the 1^st petitioner to bring valuable items from her parent’s house. As she failed to comply the illegal demands, the respondent ill-treated her, denying food, clothing, and medical aid to the petitioner.  The parents of the respondent did not allow to talk  to the respondent freely and share bed freely.

 

5.    It is submitted that the respondent developed illegal contact with one Suseela, who is the resident of the Kattamanchi. Hence he neglected the petitioners and used to come to home at late hours in drunken mood. If the petitioner questioned he used to beat her and neglected to provide the medical treatment to the 2^nd petitioner. So the petitioner gave a police report at Chittoor P.S. The police made mediation at police station. The respondent gave written under taking latter stating that he would look after his wife properly and should not neglect his children in respect of the medical expenses.  That letter is filed herewith for kind perusal of this Hon’ble court. As per the instructions of the police, the respondent gave the treatment to 2^nd petitioner at CMC Hospital, Vellore in Tamil Nadu for period of three months. Again he started to neglect the petitioners, meanwhile she was pregnant.  So she came to her parent’s home for better treatment. Subsequently she delivered the third petitioner at her parent’s house. The respondent did not to come to glance at least his third child.  The petitioner had a fond hope that her husband would come to bring back her to her matrimonial home. But her hopes became colorless.

 6. It is submitted that the parents of the 1^st petitioner conducted mediation at Venkatapuram AAW village with the help of Nagaraju, Gajendra, Parusuram Yadav, Chengaiah, Sadasivam, Murali and others, but there is no change in the attitude of the respondent immediately. The petitioner lodged report at S.R.Puram P.S. The Police made mediation and compromised the matter. Latterly he again put up a family at Avula Konda, Gangadha Nellor. Similarly he put a separate family with his kept mistress Suseela at Thugundram.  

 7. It is submitted that the respondent used to come to the house in late nights with drunken state and beat the 1^st petitioner indiscriminately all over her body. The 1^st petitioner bears all tortures of the respondent with fond hope that her husband would change his attitude. But all her hopes become fruitless.  On one fine occasion the respondent along with his kept mistress eloped to unknown place. Meanwhile his job was suspended. The petitioner has no any source of income to maintain themselves. Hence she reached to her parent’s home.  After lapse of one year he returned and joined the petitioner and made a request her to submit requisition letter to the D.E. Tirupathi to cancel the suspension.  Then only he would maintain her and children. Accordingly she made requisition in pathetic condition. The D.E. considered her requisition and cancel the suspension and gave the job to him again.  

  8.  It is submitted that the respondent put up the family in Avula Konda. Nearly one year he was in the good condition. Again he restored the same story. On one day beat the 1^st petitioner and necked out her from her matrimonial house. The petitioner reached her parent’s home. Due to unbearable torture of the respondent, the 1^st petitioner lodged complaint before the S.H.O. of Nagari P.S.  nearly one month back.  The Police made mediation. The respondent made a promise before the Police that he would take her back within 10 days.  But instead of taking her back he filed O.P No.5/2014 on the file of Senior Civil Judge, ***for divorce.   

7. The petitioners submit that, they are staying at her parents’ house on their mercy. The petitioners have no capacity or sources of income to live separately and maintain them. The petitioners are in unbearable and pathetic conditions. For the treatment of the 2^nd petitioner requires Rs.2.000/-

 8. It is submitted that the respondent is a  Junior Line Man in Electriciy Board and getting a salary of Rs. 17,500/- and also agriculturist and he is having Ac. 7.00 cents. There is mango trees and sugarcane crop in the same , from that he is getting an income of Rs.4,00,000/- per Year.  Apart from that the respondent is also having RCC house at his native village.  So he is getting an income of Rs.6,00,000/- per annum from employment and agriculture . So, the respondent is rich sources of maintain the petitioners but he neglected to maintain them.

 9. The petitioners submit that, the petitioner requires Rs.5,000/- per month for each petitioner for their maintenance to maintain the status of respondent and the 2^nd petitioner requires Rs.2,000/- per month towards her medical expenses. Because she is mentally unsound mind and suffering from fits.  The respondent is having capacity to pay the same to the petitioners. Hence the petitioners file this petition for grant of maintenance.  

 

10.  It is, therefore, prayed that the Hon'ble Court may be pleased to pass an order and decreetal order in favour of the Petitioners:-

 

(a)  : directing the Respondent to pay Rs.20,000/- per month to the Petitioners towards their maintenance and 2,000/- per month to 2^nd petitioner for medical expenses  from the  date of this petition;

(b)  directing the Respondent to pay  the costs  of this petition to the Petitioners ;  and

     (c)  : pass such other order or orders as the Hon’ble Court may            

           deem, fit and proper in the circumstances of  the case.

  

         We, the Petitioners herein, do hereby declare that the facts stated above are read over and they are all true and correct to the best of our knowledge, belief and information and we signed this verification at ****on 24-01-2021.

 

                                                                  

                       

                       ADVOCATE FOR THE PETITIONERS

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