MALLIKARJUNA Vs. SANJANA

JUDGEMENT

(1.) Present petition is filed by the petitioner being aggrieved by the order dtd. 16/8/2022, passed in Crl.Misc.No.27/2021 on the file of the Principal Judge, Family Court, Bellary (hereinafter referred to as 'the Family Court'), in and by which the Family Court, Bellary while allowing the petition under Sec. 125 of Cr.P.C. filed by the respondents directed the petitioner herein to pay a sum of Rs.5000.00 each to the respondents 1 to 3 aggregating a sum of Rs.15,000.00 per month and also directed to pay cost of Rs.10,000.00 towards litigation expenses. Being aggrieved by the same, the petitioner is before this Court.

(2.) Learned counsel for the petitioner reiterating the grounds urged in the memorandum of petition submitted that the petitioner had never neglected or refused to maintain the respondents. On the other hand, it is the respondents who have deserted the company of the petitioner and the petitioner is always ready and willing to receive the respondents and would take care of them. That the petitioner is a photographer and has no regular income and that the impugned order has caused financial hardship to the petitioner. Hence, he submits that considering the economic condition and also his readiness and willingness, petition be allowed setting aside the order of the Family Court.

(3.) Per contra, the learned counsel for the respondents-wife and children submitted that the petitioner has not shown any bona fide with regard to the so called inclination to take his wife and children, so much so, he has not spent even a single paise till today though the petition was filed in January 2021. That on the other hand, he has come before this Court questioning the order passed by the Family Court. He submitts that due to the ill-treatment meted out to the respondent No.1 by the petitioner and his family members, the petitioner was constrained to live along with her children in her parents place and that the order passed by the Family Court therefore does not warrant any interference.