CHANNAKHA Vs. MAHANTAPPA

JUDGEMENT

(1.) THIS revision is directed against the order dated 20- 5-2005 passed by the Family Court at Bijapur, in Criminal misc No. 290/2003 dismissing the petition filed by the petitioners for maintenance.

(2.) THE petitioner No. 1 is the wife of the respondent. The petitioners 2 to 4 are their children. They filed petition under Section 125, Cr. P C. claiming monthly maintenance at the rate of Rs 1,000/- per month to each of them on the ground that the petitioner no 1 is the legally wedded wife of the respondent and that after the marriage the respondent started ill-treating her and that she tolerated the ill-treatment with a fond hope that the relationship would improve but it did not and that she narrated her plight to her parents and that they advised the respondent to behave properly but he did not change his behaviour and that she was constrained to file a suit for permanent alimony and that it ended in a compromise and that she went to the house of the respondent and the respondent did not take care of her ana the children properly and that she was constrained to go back to her parents' place. It is also averred by her that she has to maintain herself and the children and that the respondent is a teacher drawing handsome salary and that he also owns agricultural lands and gets income of Rs. 50,000/ -. It is, therefore, they have prayed for maintenance at the rate of Rs. 1,000/- per month to each of them.

(3.) THE respondent herein resisted the said petition contending that the petitioner no 1 tried to commit suicide since he did not agree to move to urban area and that the suit was not compromised but it was withdrawn on his assurance and that the petitioner No 1 is a greedy woman and she is not interested to stay with him and that she is running a beauty-parlour and gets income of Rs 15,000/-per month It is also averred by him that she is not interested in giving good education to the children and that he has taken LIC policy nominating petitioners 1 to 4 as nominees and he is paying Rs. 3,000/- per month. It is therefore he has prayed for dismissal of the petition.