H.R.PUSHPALATHA Vs. S.B.BYRESH

JUDGEMENT

(1.) This revision petition is preferred praying to set aside the order dtd. 20/11/2012 passed by the Fast Track Court at Tiptur in Crl.R.P.No.158/2012 and to confirm the order dtd. 7/7/2012 passed by the Court of Principal Civil Judge and JMFC, Chikkanayakanahalli in C.Misc.No.205/2008.

(2.) The revision petitioner herein filed a petition under Sec. 125 of Cr.P.C. before the trial Court for a direction to the respondent / husband to pay monthly maintenance of Rs.5,000.00. Considering the oral and documentary evidence adduced, the trial Court was pleased to award maintenance of Rs.4,000.00 per month. The said order was challenged by way of revision by the respondent herein, wherein the maintenance awarded by the trial Court was modified from Rs.4,000.00 per month to Rs.2,500.00 per month.

(3.) The Revisional Court while reducing the maintenance awarded by the trial Court was of the view that the father of the petitioner herein who is examined as PW-1, is rich and having several acres of garden landed property in his name, as elicited in the cross- examination of PW-2, the brother of PW-1 and further the petitioner herein is the only daughter to her parents and she is having only two elder brothers. Further, of the view that the husband's family requires Rs.3,000.00 per month each for maintenance of each member of their family. It is held that the income of respondent's family has not been considered by the trial Court and has further held that the fixation of Rs.4,000.00 per month by the trial Court is exorbitant and the petitioner herein is living with her parents, who are having sufficient income and landed properties and she is having share in those properties.