PURUSHOTHAMA Vs. B.NETHRA

JUDGEMENT

(1.) This Revision Petition is filed by the respondent in C.Misc.No.17 of 2021 challenging the order dtd. 2/8/2021 on the file of the Principal Judge, Family Court, Bellary, allowing the petition in part.

(2.) For the sake of convenience, the parties in this petition are referred to with the status and rank before the family Court.

(3.) It is the case of the petitioner that the marriage between the petitioner and respondent was solemnized on 28/11/2019 and after marriage, the petitioner was residing with the respondent for nearly three years. During the said period, a demand was made by the respondent-husband and their family members for dowry and as such, the petitioner left the matrimonial home and residing at her parents house. It is also stated that the petitioner has filed MC No.80 of 2020 against the respondent-husband in the said proceedings the respondent has not appeared before the trial Court. It is further averred that the respondent is working at Department of Railways as a Loco Pilot and getting salary of Rs.40,000.00 per month apart from having immoveable properties and accordingly, the petitioner, to eke out her livelihood, has filed C.Misc. No.17 of 2021 on the file of the Family Court seeking maintenance. Perusal of the paragraph 5 of the impugned order would indicate that the summons issued by the Family Court was served on respondent-husband, however, he remained absent. The Family Court, after considering the material on record, and taking into consideration the evidence adduced by the PW1 and the documents produced at Exhibits P1 to P7, arrived at conclusion that the respondent is under obligation to maintain the petitioner-wife and accordingly, directed the respondent-husband to pay maintenance of Rs.20,000.00 per month to the petitioner. Feeling aggrieved by the same, the respondent-husband has presented this petition.