SHRISHAIL RAMAKRISHNA BIJAPURE Vs. VIDYA

JUDGEMENT

(1.) The respondent in Crl.Misc.No.154/2012 on the file of the Principal Judge, Family Court, Hubli has come up in this petition seeking to quash the order dated 21.11.2013 passed in the said proceedings granting maintenance to the respondent herein at the rate of Rs.5,000/- p.m. from the date of the aforesaid petition. The said order is impugned by the respondent on the ground that the relationship of husband and wife between the petitioner and the respondent herein ceased pursuant to the judgment dated 12.04.2012 passed in M.C.No.29/2009 on the file of the Civil Judge (Sr.Dn.), Raibag.

(2.) The brief facts leading to the petition are as under:

(3.) When the matter stood thus, it is seen that the present petition in Crl.Misc.No.154/2012 is filed by the respondent under Section 125 of Cr.P.C. seeking maintenance at the rate of Rs.10,000/- p.m. from the date of filing of Crl.Misc.No.154/2012. Admittedly, the petitioner and respondent herein are qualified medical doctors. There is nothing on record to demonstrate that respondent is not having any income from the said avocation and she is not capable to maintain herself. It is seen that petition under Section 125 of Cr.P.C. is filed as if she is not able to maintain herself, without furnishing any particulars regarding her avocation, income and social status. When that being the case, the Court below without verifying the pleadings and evidence available on record has proceeded to allow the maintenance petition filed under Section 125 of Cr.P.C. relying upon the judgment rendered by the Apex Court in the matter of Rohtash Singh v. Ramendri, 2000 AIR(SCW) 715 and awarded maintenance to the respondent in a sum of Rs.5,000/- p.m.