LAWS(KAR)-2015-7-349

SABBU SUNIL Vs. CHANNA VARDHINI

Decided On July 01, 2015
Sabbu Sunil Appellant
V/S
Channa Vardhini Respondents

JUDGEMENT

(1.) The husband filed the above revision petition against the order passed by the Family Court on 11.02.2015 made in M.C.57/2014 granting maintenance of Rs. 15,000/ - per month from the date of the order.

(2.) It is the case of the petitioner -wife before the Family Court that she is the legally wedded wife of the respondent and their marriage was performed on 14.06.2012 at Hantha Function Hall, Kadapa, and at the time of marriage, respondent -husband demanded and received dowry of Rs. 5 lakhs and 20 tolas of gold ornaments and marriage expenses of Rs. 2 lakhs. After marriage, the respondent did not make any attempts to take the petitioner to his house till the end of September 2012. The petitioner joined the respondent in the month of October 2012 at Kadapa, where his mother was also staying with them. The petitioner immediately after joining the respondent came to know that the respondent was not interested to lead marital life with her and he was spending most of his time outside the house. So the life of the petitioner became miserable. The respondent started demanding additional dowry. The petitioner was working at Jindal earlier to the marriage and she left the job after the marriage. The respondent was very much cruel towards the petitioner and on 02.10.2013 he snatched all her articles and thrown her out of the house. Since then, the respondent did not make any efforts to take back the petitioner nor paid any maintenance for her livelihood. Since the date of marriage there is no conjugal relationship between the petitioner and the respondent as no nuptial ceremony took place and there is no cohabitation. The respondent sent words on 16.03.2014 that he is in no way interested to continue his relationship with the petitioner and has completely deserted the petitioner. The respondent is working at Bank of America, Hyderabad Branch and drawing salary of Rs. 1,25,000/ - per month. The mother of respondent is also a retired employee and receiving pension and retirement benefits. The respondent is also in possession of 16 guntas of wetland at Nandyala and had cash of Rs. 1,00,000/ - in his Bank Account. Now the petitioner is not able to maintain herself and she requires minimum maintenance of Rs. 35,000/ - per month. Therefore, she has approached the Family Court.

(3.) The respondent husband appeared before the Family Court and filed Objections and denied the allegations except admitting his marriage with the petitioner and he also admitted that there was no cohabitation since the date of marriage, and has contended that since the marriage is not consummated therefore, it is not a legal marriage. Hence, he is not bound to pay maintenance to petitioner and denied other averments, etc.