ANANTH KUMAR Vs. SHUBHA

JUDGEMENT

(1.) This petition is filed by the husband challenging the order dtd. 4/1/2021, passed by the Principal Judge, Family Court, Chikkamagaluru under Sec. 125 of Cr.P.C., whereby the application filed by the wife has been allowed directing the husband to pay maintenance of Rs.12,000.00 to the wife and Rs.8,000.00 to the son.

(2.) The brief facts of the case are that the first respondent herein is the legally wedded wife of the petitioner herein. Their marriage was solemnized on 29/3/2018 at Thirumalagiri Lakshmi Venkateshwara Swamy Temple, Bangalore. Out of the wedlock, second respondent herein was born on 24/12/2018. After some time, there was a dispute between the parties and they are living separately. The wife has filed a criminal case against the husband under Sec. 125 of Cr.P.C. before the Family Court, Chikkamagaluru. The Family Court, on 4/1/2021, passed the following order:

(3.) The learned counsel appearing for the petitioner/husband has contended that no notice has been served to him. The Family Court has erred in recording the finding that the respondent has refused to receive the notice. An ex-parte order has been passed without giving an opportunity to the respondent and the monthly maintenance ordered by the Family Court is also on the higher side. Hence, he sought for allowing the petition.