PUTTALAXMAMMA Vs. NARASIMHA SETTY

JUDGEMENT

(1.) THESE two revision petitions arise out of the order dated 29.01.2014 passed in Crl. Misc. No. 73/2013. By the said order, the Court below has awarded maintenance of Rs. 1,500/ - in favour of the wife from the date of petition through out her life. R.P.F.C. No. 121/2014 is filed by the wife urging that the amount awarded is too less and does not enable her to meet the basic minimum necessities that are required to be met to sustain herself in life. R.P.F.C. No. 81/2014 is filed by the husband aggrieved by the award of maintenance.

(2.) MARRIAGE between the parties was solemnized in the year 1974. They did not live together for long time. On account of the dispute that arose between them, husband filed M.C. No. 12/1977. The said petition was disposed of based on a compromise whereunder wife has received a sum of Rs. 9,000/ -. It is not in dispute that decree of divorce has not been granted in favour of the husband. It is also not forthcoming from the order passed in M.C. No. 12/1977 that the amount of Rs. 9,000/ - paid was in full and final settlement of the claim of the wife towards maintenance. However, fact remains that wife has not joined her husband and she continued to stay separately and therefore, husband has taken a second wife and has established his family and continued to live separately.

(3.) THE Court below, having considered the respective contentions, has passed the order under challenge granting maintenance in a sum of Rs. 1,500/ - per month to the wife from the date of petition throughout her life along with litigation expenses of Rs. 2,500/ -.