NAZIR AHMED Vs. FAMEEDA

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the respondent and perused the records. It is an undisputed fact that the marriage between the petitioner and me respondent was held on 21/08/2005. They were blessed with a child, they lived happily for seven years. Due to some differences between the husband and wife, it appears, the wife started living separately along with her parents alleging that her husband and his mother have abused and ill -treated her. Therefore, she claims that about three months prior to filing of the petition for maintenance before the trial Court in Criminal Miscellaneous 25/2013, she was ousted from her matrimonial home.

(2.) THE parties have contested the proceedings before the trial Court. The trial Court has held that the respondent -husband neglected and refused to maintain the petitioner -wife as well as the child and further there was no arrangement made for maintenance of the wife. Thereafter, after considering the evidence led by the parties and also the material available on record, the trial Court has awarded a sum of Rs. 5,000/ - as maintenance to the respondent -wife and Rs. 3,000/ - to the child. The said order is called in question before this Court.

(3.) THE records also disclose that after the disposal of the case by the trial Court, the wife has also sued out the execution in Crl. Misc. No. 100/2015 on the file of the Family Court, Bellary, and the order sheet produced before this Court shows that the respondent husband in the said case has been making payment towards maintenance. According to the learned counsel for the respondent, still an amount of Rs. 29,000/ - is due as on date but the learned counsel for the petitioner submits that he is due to a sum of Rs. 12,000/ - only.