RAMESH Vs. LAXMI

JUDGEMENT

(1.) This revision petition is filed assailing the order dated 2.4.2013 passed by the District Judge, Family Court, Gulbarga on his file Crl.Misc.No.50/2012 in allowing the petition in part, filed by the respondents herein under Section 125 of Cr.P.C. By the impugned order the Court below has directed the petitioner herein to pay monthly maintenance of Rs.15,000/- to the first respondent during her life time, Rs.10,000/- per month to the second respondent till her marriage, Rs.20,000/- per month to the third respondent till he attains majority.

(2.) The fact is 'the revision petitioner is the husband of the first respondent and father of the second and third respondents. The wife and children filed petition for maintenance in the Court below: their allegation was the first petitioner and the respondent are married for about 22 years. Sometime after the marriage, the husband started ill-treating the wife and he was addicted to alcohol. Since the husband was working in Abudabi as an engineer, the family resided at UAE. The wife being a MBBS graduate wanted to pursue her further education and came over to India, meanwhile she sustained leg fracture and she could not return to her matrimonial home at U.A.E. Then the husband wanted to divorce her. However, by obtaining fresh visa, the wife returned to Bahrain. The second petitioner was prosecuting her study at Pune, during June 2010. The husband declared that he resigned his job. The couple returned to India. When the wife had came to Gulbarga to her parents house, during October 2010, the husband without informing the wife vacated the rented house at Pune and carried away all her testimonials. His whereabouts could not be traced. Hence, the wife had to file a missing complaint during September 2011 at Pune police station. She received notice of a divorce petition on 13.10.2011 from Civil Judge (Sr.Dn) Udagir, Maharashtra instituted by her husband. The wife has no independent income of her own. She has to maintain the petitioners 2 and 3 and bear their educational expenses, medical expenses etc. The husband has monthly income of Rs.1,20,000/- and rental income of rupees 7,00,000/- per annum and also he has agricultural income. He owns flats, commercial shops in Maharashtra State and own house and two residential sites at Bangalore.'

(3.) The husband contested the petition. Though, he admitted his relationship with the petitioners, his counter allegation was it was wife who was frequenting India and allegations made by her in the petition are false. She wanted to break down the marriage. Between October 2008 to March 2009 she demanded divorce repeatedly four times and finally ran away from the matrimonial house on 23.03.2009. She is a highly qualified woman. She has deserted her husband and children.