J. BASAVARAJ Vs. PUSHPAVATHI

JUDGEMENT

(1.) The petitioner -husband has called in question the order dated 21/11/2014 passed in Criminal Misc. Case No. 111 of 2014 by the Family Court, Bellary, wherein the above said petition filed by the respondent -wife under Sec. 127 of the Code of Criminal Procedure seeking enhancement of maintenance from Rs. 1,000/ - to Rs. 5,000/ - per month, was allowed.

(2.) Sri. Gode Nagaraj, learned counsel appearing for the petitioner has strenuously contended that the respondent is a divorcee and the petitioner has secured divorce in a petition filed by him in Mat.C. No. 26 of 2003 on the file of I Additional Civil Judge(Senior Division), Bellary. The respondent -wife has not filed any petition and she has surrendered all her right to claim maintenance. He further submits that the conduct of the respondent has been strenuously considered by the Matrimonial Court and held that she is an irresponsible lady and therefore on that account itself, the petitioner -husband is entitled for divorce. The Family Court has not considered the earning capacity of wife; has also not properly considered the amount spent by the petitioner -husband for performing the marriage of his daughter and also has not properly taken into consideration the fact that the petitioner is taking care of his children. It is further contended that the Family Court, without appreciating the oral and documentary evidence on record in its proper perspective, has enhanced the maintenance amount and the same deserves to be quashed.

(3.) Despite due service, the respondent has remained absent.