K.H. UMASHANKAR Vs. R. CHANDRAKALA

JUDGEMENT

(1.) The present respondent (wife) had instituted a petition against the present petitioner (husband), arraigning him as the respondent, under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter for brevity referred to as the 'Cr.P.C.') in Crl. Misc. No. 206/2009, in the Court of the II Additional Principal Judge, Family Court at Bengaluru (hereinafter for brevity referred to as the 'Family Court'), seeking maintenance at the rate of Rs. 7,500/- per month and also Rs. 50,000/- towards the litigation expenses from the petitioner (husband).

(2.) The summary of the contention of the respondent (wife) in the Family Court was that, her marriage with the petitioner herein was performed on 19-05-1995 in Tumakur District. No issues were born to them. The petitioner has been working in Hindustan Aeronautics Limited (HAL), Engine Division, Bangalore, and drawing a monthly salary of a sum of Rs. 20,000/-. Apart from the same, he also owns a building in Peenya Dasarahalli, consisting of shops and residential portions and getting rent of Rs. 10,000/- per month. The petitioner also owns landed properties in his native place. Since the petitioner deserted her, she is staying with her mother since 14-11-2008. Till the date of deserting her, the petitioner was subjecting her to cruelty and had neglected her and deprived her of the basic necessities in life.

(3.) In response to the summons served upon him, the respondent in the Family Court appeared through his counsel and filed his statement of objections, wherein, he has admitted his marital relationship with the respondent herein, however, specifically denied the alleged ill-treatment said to have been meted to the respondent and also deserting her. On the other hand, he contended that, the respondent was quarrel-some lady and he tolerated her attitude, but still, she voluntarily deserted him without any reasons. He contended that, his net salary was only Rs. 8,000/- per month and the income from rent was only a sum of Rs. 2,000/- per month. He further contended that, though he wanted his wife to come and join him and had also sent a notice to that effect, since she did not turn up, he is not liable to pay any maintenance to her.