(1.) THE husband filed this revision petition against the judgment and order dated 18.11.2013 in Crl.Misc. No. 253/2012 on the file of the Prl. Judge, Family Court, Hubli granting maintenance of Rs. 4,000/ - to the 1st petitioner -wife and Rs. 2,000/ - to the 2nd petitioner -son from the date of petition until further orders.
(2.) IT was the case of the respondents who are the petitioners before the Family Court that the 1st petitioner was the legally wedded wife of the respondent -husband and their marriage was solemnized as per Shriat of Islam on 21.06.2005 at Hubli in the residence of 1st petitioner's parents and after the marriage, they lead happy married life and out of their wedlock two children were born and since birth of first child itself the respondent was harassing the petitioner No. 1 for no fault of her and when the second child was born, the respondent illegally and high handedly abandoned the petitioners and since last about two months she is residing at her parents and prior to that also, the petitioner No. 1 was illegally and high handedly chased by the respondent for about two years and with the advise of the elders the petitioner No. 1 again joined the respondent to lead her married life. But, since the harassment of the respondent and his family members petitioners were chased out by the respondent and even he failed to give the custody of the minor daughter Mahin and hence, she is in the forceful custody of the respondent. Since for the last more than two months, the petitioners are residing at the mercy of her parents and the respondent failed to maintain them, though many requests were made by the petitioners, their elders and other elders of the locality. The respondent is running A.J.E. Industry at Shivashaktim Nagar Angol, and also running a scrap business and apart from that he is doing the avocation of driving etc., Hence, the respondent is having a handsome income of more than Rs. 25,000/ - per month. Though he is having sufficient monthly income, he is miserably failed to maintain the petitioners.
(3.) THE 1st petitioner -wife examined herself as PW.1 and another witness has been examined as PW.2 and Exs. P1 to P5 were marked on behalf of the respondent -wife. The husband -respondent himself examined as RW.1 and Exs. R1 to R4 were marked.