UMA P. Vs. R. RAGHAVENDRA

JUDGEMENT

(1.) By the consent of learned Advocates appearing for the parties namely, Sriyuths Prasanna Deshpande, learned counsel appearing for petitioners and V. Laxminarayan, learned Senior Counsel appearing for respondent, this petition is taken up for final disposal. Facts in brief which has lead to filing of this petition are as under:

(2.) On service of notice, respondent appeared before trial Court and filed his statement of objections and denied the averments except to the extent expressly admitted in the statement of objections. It was contended by him that he is a Mechanical Engineer and was employed at Hindustan Aeronautics Limited. He admitted his marriage with first petitioner and birth of second petitioner out of wedlock with first petitioner. It was contended by him that there were certain trivial bitterness between the two families for performing 'Srimantha' ceremony and first petitioner was exhibiting in-difference towards her in-laws though they were generous and affectionate towards her and she was very lazy and she used to dump cooked food in the refrigerator and was serving the same on the next day and she had failed to act as a dutiful wife and discharge her marital obligations. It was contended that it is the first petitioner who had withdrawn herself from the company of respondent without any justifiable cause and contended that he has been always extending financial benefit towards education of second petitioner. It was further contended that on account of voluntary withdrawal of first petitioner from the company of respondent, question of payment of maintenance does not arise and as such he prayed for dismissal of the petition.

(3.) As already pointed, Family Court has awarded a sum of Rs. 5,000/- per month as maintenance for second petitioner. Rejection of first petitioner's claim by the Family Court is on the ground that she herself had withdrawn from the company of respondent without any justifiable ground. It is an undisputed fact that first petitioner has lodged a complaint against respondent and his parents in C.C. No. 2063/2012 (Crime No. 8/2012) for the offences punishable under Sections 498-A, 323 and 506 of IPC read with Sections 3 and 4 of Dowry Prohibition Act and same is being adjudicated by the jurisdictional court.