Smt Savithri v. Sri B N Dayananda
Case brief
What is this about?
The High Court set aside the Family Court order dismissing a maintenance petition. It held that a second wife unaware of a prior marriage, defrauded by the husband, is entitled to maintenance. The court applied Section 125 Cr.P.C. and Section 114 Evidence Act to award monthly relief.
What did the court decide?
Maintenance of ₹18,000 per month directed from date of petition till lifetime or remarriage, plus ₹10,000 litigation expenses.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NC: 2024:KHC:3955 RPFC No. 37 of 2018
R
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE HANCHATE SANJEEVKUMAR
REV. PETITION FAMILY COURT NO. 37 OF 2018
BETWEEN:
SMT. SAVITHRI W/O B.N. DAYANANDA AGED ABOUT 58 YEARS, ANGANWADI WORKER R/O NEAR ANGANAWADI, GOVINDA NAGAR, HEGDE COLONY RING ROAD, TUMKUR – 721 648
…PETITIONER (BY SRI. REVANNA BELLARY, ADVOCATE)
AND:
Issues for consideration
3 issues framed by the court
Whether a second wife, whose marriage was solemnized by the husband suppressing the existence of a first marriage, is entitled to maintenance under Section 125 Cr.P.C.
Whether to allow a second wife to claim maintenance when she was unaware of the husband's first marriage and the second marriage was procured by the husband's fraud.
Whether the family court correctly dismissed the maintenance petition on the ground that the petitioner was not a legally wedded wife.
Parties & counsel
- petitioner
SMT. SAVITHRI W/O B.N. DAYANANDA
- respondent
SRI. B.N. DAYANANDA S/O NANJAPPA
Coram
HANCHATE SANJEEVKUMAR
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · January
- Registered
- Case no.
- RPFC/37/2018
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