RAMAKRISHNA Vs. VIDYA

JUDGEMENT

(1.) RPFC No.100006 of 2018 is filed by the husbandrespondent in Cri. Misc. No.151 of 2016 on the file of the Principal Judge, Family Court, Hubballi, challenging the order dtd. 8/11/2017 and RPFC No.100061 of 2019 is filed by the wife in Cri. Misc. No.151 of 2016 on the file of the Principal Judge, Family Court, Hubballi, seeking enhancement of maintenance.

(2.) Parties to these revision petitions are referred to with their rank and status before the Family Court.

(3.) Brief facts for adjudication of these petitions are that, the marriage of the petitioner and the respondent was solemnized on 8/5/2007 at Krishna Kalayan Mantap, Hubballi as per the customs of parties. It is the case of the petitioner-wife that, within a short time of their marriage, the respondent was harassing the petitioner for trivial reasons and the respondent-husband was alienating the immovable properties without reason and contrary to the family necessities and same was questioned by the petitioner-wife, however, the respondent forcibly sent the petitioner to her parents house and thereafter, filed MC No.89 of 2013 before the jurisdictional court seeking dissolution of marriage. The petitioner has also filed counter claim, seeking decree of restitution of conjugal rights in the said petition. It is also narrated in the claim petition that the petitioner filed suit in OS No.8 of 2015 before the Civil Court to protect the family property from illegal alienation by the respondent-husband. It is further averred in the petition that the petitioner-wife was working as Insurance Agent for Life Insurance Company of India and her agency was terminated on 31/5/2013, as the petitioner-wife not fulfilling the minimum requirement of the business and thereafter she is unable to maintain herself. The petitioner also contended that the respondent is having immovable properties and has rented a house at Hubballi and getting handful of rents from the said house. Having not tolerated the inhumane harassment meted out to her, the petitioner-wife left the matrimonial home and is residing with her parents. Hence, the petitioner filed Criminal Miscellaneous No.151 of 2016 before the Family Court, seeking maintenance.