ROOPA K. Vs. THIMMAPPA E.

JUDGEMENT

(1.) RPFC No.272/2023 is filed by wife and minor son of respondent-husband challenging the order passed in Crl.Misc.No.200/2016 dtd. 30/9/2023 passed by V Additional Principal Judge, Family Court, Bengaluru, thereby the Family Court granted maintenance of Rs.8,000.00 per month to the petitioner No.1 and Rs.5,000.00 to petitioner No.2, the minor son and RPFC No.6/2024 is filed by the husband seeking to reduce the quantum of maintenance of amount.

(2.) The ranks of the parties are stated as before the Family Court for easy reference and convenience.

(3.) Brief facts of the case are, petitioner No.1 is the wife of the respondent and petitioner No.2 is the minor son of petitioner No.1 and respondent. The marriage between petitioner No.1 and respondent is not disputed and also the status as wife and husband is also not disputed. Due to difference of opinion arose between petitioner No.1 and respondent, petitioner No.1 invoked Sec. 12 of the Protection of Women from Domestic Violation Act, 2005 (in short 'PWDV Act') and approached the court of MMTC, Bengaluru, and petitioner No.1 was granted monetary relief of Rs.10,000.00 per month, which was enhanced by the Fast Track-12, Bengaluru, in Criminal Appeal No.330/2013 to Rs.15,000.00 and it is confirmed by this court in CRL.RP.No.625/2014. There afterwards, petitioner No.1 has invoked Sec. 125 of Cr.P.C., for maintenance before the Family Court. The Family Court has granted Rs.8,000.00 to the first petitioner-wife and Rs.5,000.00 to the second petitioner-minor son. Therefore, the first petitioner is now receiving monthly maintenance of Rs.23,000.00 per month from both the courts and petitioner No.2 is granted Rs.5,000.00 per month.