SHEGEDAR PRAVEEN K. Vs. MAHESHWARI S.HIREMATH

JUDGEMENT

(1.) The above petition is filed under Section 482 of Code of Criminal Procedure (for short ' Cr.P.C ') calling in question the order dated 17.10.2019 passed in Crl.Misc.No.191/2018, by the District Judge, Family Court, Kalaburagi (hereinafter referred to as the 'Family Court').

(2.) Brief facts of the case are as under; The petitioner is husband of respondent No.1 and they are blessed with a son-the second respondent. The petitioner filed petition before the Family Court under Section 13(1) (ia) (ib) of Hindu Marriage Act , 1955 (hereinafter referred to as the 'Act') against respondent No.1, in M.C.No.265/2018. There was an order passed by the Family Court acting under Section 24 of the Act, directing the petitioner to pay interim maintenance amount of Rs.8,000/- per month and an amount of Rs.10,000/- towards litigation expenses to the respondent No.1.

(3.) Further it is stated that the respondents No.1 and 2 have filed a Crl.Misc.No.191/2018 against the petitioner herein under Section 125 of Cr.P.C for seeking monthly maintenance amount of Rs.30,000/- each. In the said Crl.Misc.No.191/2018, an interim application was filed under Section 125 of Cr.P.C for seeking interim maintenance to both wife and son who are respondents No.1 and 2 herein. The Family Court in Crl.Misc.No.191/2018 has passed order on 17.10.2019 there by granted an interim maintenance amount of Rs.10,000/- per month to the son who is respondent No.2 herein (the petitioner No.2 in Crl.Misc.No.191/2018).