K. SHAIKSHAVALI Vs. S.K. SAKEERA

JUDGEMENT

(1.) The petitioner-husband has filed this petition challenging the order passed by the Principal Judge, Family Court, Bellary, in allowing C. Mis. No. 185 of 2013 filed by his wife under Section 125(1) of the Code of Criminal Procedure, 1973 and directing him to pay Rs. 5,000/- per month towards maintenance of his wife. On 31-1-2014 notice was ordered to the respondent subject to petitioner depositing maintenance of Rs. 35,000/- before the Family Court, Bellary on or before 14-2-2014 and ordered to list the petition before Court on 14-2-2014. On 14-2-2014 at the request of the learned Counsel for the petitioner, the petitioner was granted time upto 20-2-2014 to deposit the maintenance amount as ordered by this Court on 31-1-2014 with a condition, failing to do so, petition will be listed on 21-2-2014 as to why it should not be dismissed for not depositing the amount. Accordingly, on 21-2-2014 at the request of the learned Counsel for the petitioner, he was granted time upto this day to deposit the amount and comply the order of this Court dated 31-1-2014. Today, the learned Counsel for the petitioner submits, inspite of his instructions petitioner has not deposited the amount. On this ground alone petition is liable to be dismissed.

(2.) I have heard the learned Counsel for the petitioner on merits and perused the impugned order.

(3.) Wife filed a petition in Cri. Misc. No. 185 of 2013 before the Family Court, Bellary, seeking maintenance of Rs. 6,000/- per month from her husband under Section 125 of Cr. P.C., contending she is the legally wedded wife of the petitioner herein and their marriage was performed on 27-6-2011 and she went to the house of her husband and lived with him at Yemmiganur Village, he looked after her only for a period of one week and thereafter he started harassing her for dowry and completely neglected and refused to maintain her. Therefore, he may be directed to pay Rs. 6,000/- per month towards her maintenance. Husband entered appearance before the Family Court, Bellary and filed statement of objections denying the averments made by his wife in Cri. Misc. No. 185 of 2013, but admitting his matrimonial relationship with the respondent.