SUBHASH Vs. JAYASHREE SUBHAS TENGLE

JUDGEMENT

(1.) THIS revision petition under section 19(4) of the Family Courts Act, 1984 by the husband who has suffered the order before the Family Court at Bijapur in Crl. Misc. No.477/2011 at the instance of the respondent-wife and has been ordered to pay a monthly maintenance of Rs.3,000/- in favour of the respondent.

(2.) QUESTIONING the order, the present revision petition contending, inter-alia that awarding a maintenance in a sum of Rs.3,000/- is not based on any material; that it was not at all justified; that the petitioner-husband is in fact taking care of three female children of the couple and in such situation, awarding maintenance in a sum of Rs.3,000/- per month in favour of the respondent is not at all tenable; that the petitioner had raised the issue of the respondent having an illegal relationship with one Mallappa Shivappa Biradar of Shegaon Village; that the learned Judge of the Family Court overlooking this aspect and awarding maintenance is not tenable in law; that therefore the order under revision is liable to be set aside.

(3.) SRI. Koujalagi, learned counsel has taken me through the evidence of the respondent, who had deposed as PW.1 before the Family Court in support of her claim for maintenance and points out that she has admitted in the box that she had an illicit relationship with one Mallappa Shivappa Biradar and in particular, has drawn my attention and relies upon the statement of the respondent during the cross-examination as under: