MAILARAPPA Vs. NEELAVVA

JUDGEMENT

(1.) THE above revision petition is filed by the petitioner -husband challenging the award of maintenance of Rs. 3,000/ - made by the Family court in favour of the respondent -wife. It is the case of the respondent that, she is legally wedded wife of the petitioner and their marriage took place on 8.5.2006 in a Mass marriage conducted at Revansiddeshwar Temple, Koujageri, Taluk: Ron. After the marriage, the respondent went to the house of the petitioner to lead marital life where she was residing with petitioner for a period of 15 days and thereafter she returned to her parents house on the occasion of Kartik festival. She was residing with her parents for four days and returned to her husband's house where she has resided for about two months. At that time the petitioner -husband went to Mangalore for mason work. The father of the respondent came and took the respondent back to her native place for Kar Hunnime. After that the brother of the petitioner by name Laxman came and took the respondent to the matrimonial house.

(2.) IT is alleged that the father of the petitioner -husband is a most wayward, lusty person. He used to take the respondent to his fields to do agricultural work and tried to over power on her and tried to have sexual intercourse with the respondent. When the said fact was brought to the notice of the petitioner and also his brothers about the awkward behaviour of their father, they turned deaf ears. Thereafter, respondent informed the fact to her parents when she was brought to her parents house to attend the marriage of her uncle's daughter. After that the parents and elders of the respondent convened a panchayath and advised the petitioner -husband to arrange for a separate house. In view of the same, the petitioner arranged a separate rented house at Datanal village where the petitioner and respondent were residing for 5 months. On that occasion the respondent was conceived. Thereafter, the petitioner -husband again took respondent and stayed with his father. Even during pregnancy period of respondent -wife the father of the petitioner tried to have sexual intercourse with the respondent. When the same was brought to the notice of petitioner -husband, being enraged he kicked her on the stomach and beaten her inhumanly. Due to this she suffered injuries and was admitted to hospital and gave birth to a dead child after 8 1/2 months on 13.4.2008. After that when the petitioner came to take back the respondent -wife to his house, the elders of the village and panchayatdars advised the petitioner to arrange for a separate house and take back his wife to lead happy married life. The petitioner went away by threatening that he will arrange for a second marriage and thereafter he got issued a legal notice on 19.9.2009.

(3.) UPON notice issued by the Family court, the petitioner -husband appeared and filed objections stating that the petition is not at all maintainable and admitted the relationship of respondent as his wife. It is the specific case of the petitioner that the respondent never came to the matrimonial house to lead the marital life. When the elders of the family went to call the respondent she flatly denied to come and to lead matrimonial life, as such there is no access in between the respondent and petitioner. The respondent refused to come to the house of the petitioner on the ground that the marriage took place against her will. Hence, she denied to come and lead matrimonial life with this petitioner. Therefore, the petitioner prayed for dismissal of the petition.