CHANNAKESHAVAIAH Vs. LAKSHMI

JUDGEMENT

(1.) THIS revision petition arises from the judgment and order dt. 16-7-1998 delivered by the Additional Principal Judge, Family Court, Bangalore (Sri P. Seeta-ramaiah) whereby the trial Court i. e. , the Family Court has awarded a maintenance of Rs. 500/- per month in favour of the present respondent No. 1-Smt. Lakshmi and a sum of Rs. 200/- as maintenance to the present respondent No. 2-Master Deepak from the date of petition for maintenance. The learned trial Judge, after consideration of materials on record, arrived at the conclusion that the present revision petitioner who was respondent before the Family Court had been negligent by his conduct in maintaining the claimants in the maintenance case namely his wife and the minor child. It found that the husband, i. e. , the present revision petitioner who was respondent No. 1 before the Family Court, without any rhyme or reason has been neglecting his wife and child and was not maintaining them. The Court also found that the claimants-petitioners were unable to maintain themselves and that the income of respondent No. 1 before the Family Court namely present petitioner in the revision petition was about Rs. 3,000/- per month. Having recorded these findings, the Family Court awarded maintenance to the tune of Rs. 500/- per month to Smt. Lakshmi, petitioner No. 1 in the maintenance case who is respondent No. 1 in the revision petition and also awarded maintenance to the tune of Rs. 200/- per month in favour of Master Deepak, petitioner No. 2 in the maintenance case who is respondent No. 2 in the revision petition.

(2.) THE learned counsel for the revision petitioner contended that the revision petitioner has always been agreeable and yet prepared to take his wife and the child with him, but they themselves are not agreeable to live with the revision petitioner. He further contended that the award of maintenance of Rs. 700/- is heavy as revision petitioner's income is not more than Rs. 2,000/ -.

(3.) I have applied my mind to the contentions raised by the learned counsel for the revision petitioner. Under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, it has been provided that a Hindu wife is entitled to be maintained by her husband during her life time. Sub-section (2) of Section 18 provides that the Hindu wife is entitled to live separately from her husband without forfeiting her claim to maintenance in the circumstances and cases covered by clauses (a) to (g) of sub-section (2) of Section 18 and sub-section (3) no doubt provides a defence to the husband and it provides that a Hindu wife shall not be entitled to separate residence and maintenance from her husband if she is unchaste or ceases to be a Hindu by conversion to another religion. It will be appropriate to quote Section 18 in extenso. It reads as under :-