PRAVEEN Vs. VAISHNAVI

JUDGEMENT

(1.) This petition is by the husband aggrieved by the order dtd. 17/12/2022 passed in Criminal Miscellaneous No.200/2016 on the file of Principal Judge Family Court, Hubballi, in which, while allowing the application filed by the wife and children who are the respondents herein under Sec. 125 of the Code of Criminal Procedure, 1973 (for short, hereinafter referred to as 'Cr.P.C.') has awarded maintenance of Rs.10,000.00 per month to the Petitioner No.1(wife) and Rs.5,000.00 per month to the Petitioner No.2 (daughter).

(2.) It is the case of the Respondent No.1-wife that her marriage with petitioner herein was solemnized on 18/12/2011 at Gokul Garden, Hubballi. After marriage initially for a period of three months, the petitioner and Respondent No.1 had led a happily married life. Thereafter, Respondent No.2 was born on 7/11/2013. However, when the Respondent No.1 returned to the matrimonial home after the delivery of the Respondent No.2, she was subjected to harassment by the petitioner and his family members. She also suffered a facial paralytic attack and was admitted in Sushruta Hospital. Petitioner had insisted for huge sum of money to be paid by the parents of the Respondent No.1, as he had intended to pursue his further studies. Since the said demand was not met, the petitioner on 9/6/2015 at about 11:00 p.m., snatched all the gold ornaments of the Respondent No.1 and thrown her out of the house. She had been to the police station and then had lodged a complaint who had summoned and advised the petitioner- husband. The harassment and the physical torture never reduced as the Respondent No.1 was subjected to further assault resulting in blood injuries. That since 9/6/2015 she stays along with her parent's house and the petitioner has deserted her willfully without any justifiable cause and has neglected to discharge the marital obligation.

(3.) The respondents had earlier filed a petition in Criminal Miscellaneous No.238/2015 which was settled before the Lok Adalath. Once the matter was settled, the petitioner had again started to abuse the Respondent No.1 without providing any food, cloth or medical aid. Now the petitioner was employed and was earning about Rs.35,000.00 per month and he is also carrying on the business of money lending, having his own house, and that the Respondent No.1 not being able to maintain herself, was constrained to approach the Court seeking maintenance of Rs.15,000.00 per month.