LAWS(KAR)-2014-10-123

NARESH S. Vs. LATHA

Decided On October 27, 2014
Naresh S. Appellant
V/S
LATHA Respondents

JUDGEMENT

(1.) HEARD Sri Ravishankar Shastry, learned Advocate appearing for revision petitioner.

(2.) FIRST respondent who is the wife of petitioner filed a petition under Section 125 Cr.P.C. seeking monthly maintenance of Rs. 5,000/ - to each of respondents from the petitioner. It was contended that on account of cruelty meted out to her, she was perforced to withdraw herself from the company of her husband and as such, it was contended that respondents are entitled for maintenance.

(3.) IT is the contention of Mr. Ravishankar Shastry, learned Advocate appearing for revision petitioner that necessary ingredients of Section 125 Cr.P.C. have not been proved by first respondent - wife before family Court and as such, award of maintenance by the family Court is liable to be set aside. He would also contend that family Court has not taken into consideration admission of the wife namely, her admission in cross examination wherein she has admitted that she is not ready and willing to reside with the husband even if a separate house is made and as such, he contends that without justifiable cause wife had withdrawn herself from the company of husband and as such, revision petitioner cannot be saddled with liability to pay maintenance to his wife and daughter and hence he seeks for allowing the revision petition.