B.K. CHANDRIKA Vs. B.C. KARUNAKARA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and learned counsel for the respondent.

(2.) This petition is filed challenging the order dtd. 7/3/2022 passed in Crl.Misc.No.55/2019 on the file of the Principal Judge, Family Court, Chikkamagaluru, dismissing the petition filed under Sec. 125 of Cr.P.C claiming maintenance of Rs.30,000.00 per month from the date of the petition.

(3.) It is the case of the petitioner that she was born on 26/11/1995 and her mother died when she was aged about 10 months and after that she being looked after by her maternal aunt Smt. Pramila Chandrapal. The petitioner at present is studying B.A. through distance education and is suffering from paraplegia and is unable to move around and having the disability to the extent of 90%. The petitioner is to be hospitalized frequently. The petitioner has no independent source of income. The respondent paid Rs.7,00,000.00 in G & W.C.No.7/2004 and it was spent for the maintenance of the petitioner. Smt. Prameela Chandrapal, under whose custody the petitioner is, has spent her own money. The petitioner is not able to do her day-to-day activities. The petitioner requires the maintenance to undergo another surgery and towards the education and also maintenance. The respondent has refused and neglected to maintain the petitioner. The petitioner is unable to maintain herself because of her physical abnormality. The petitioner recently came to know that the respondent sold more than 90 acres of ancestral properties. The respondent has got 40 acres of coffee estates standing in the name of his mother and it is an ancestral property. The respondent is getting Rs.20,00,000.00 per annum from the agricultural lands. The respondent sold the timber worth Rs.80,00,000.00 situated in the above lands in the month of April-May 2019. The respondent remarried and there is no issue for the respondent out of that wedlock. It is stated that petitioner requires Rs.30,000.00per month as maintenance, medical expenses and educational expenses.