SHIVAJI Vs. SUJATA AND ORS.

JUDGEMENT

(1.) MR . Shivaji is aggrieved by the order dated 1.10.2015 passed by the Family Court at Belgaum, whereby the learned Family Court has enhanced the maintenance for respondent from Rs. 750/ - to Rs. 2000/ - per month.

(2.) THE brief facts of the case are, that the petitioner, Mr. Shivaji was married to respondent No. 1, Sujata on 07.06.2001 at Belgaum. During the wedlock two daughters, namely, Kum. Durva and Kum. Shruti were born. However, since dispute arose between the parties, the couple parted their ways. Since respondent No. 1 was unable to maintain herself, and her two daughters, she filed an application under Section 125 Cr.P.C. for maintenance, before the Family Court at Belgaum. By order dated 22.05.2012, the learned Family Court granted maintenance of Rs. 750/ - per month to the respondent No. 1, and directed that Rs. 500/ - each per month, should be paid to the two daughters. Therefore, the respondent No. 1 was receiving only Rs. 1750/ - per month from the petitioner.

(3.) SMT . Geetha K.M., the learned Counsel for the petitioner, has pleaded that the learned Family Court was unjustified in enhancing the maintenance for respondent No. 1. Firstly, she herself was earning by tailoring clothes. Hence, she was in a position to maintain herself, and her children. Secondly, since the petitioner is willing to keep his wife and two children with him, the question of having to maintain them separately would not even arise. Thirdly, it is the respondent No. 1 who is cruel towards the petitioner and yet she is taking the benefit of her own faults. Fourthly, that there is phenomenal increase in the maintenance amount to be paid by the petitioner to the respondent No. 1. Therefore, enhancement of maintenance being granted in favour of respondent No. 1 should be set aside.