MALLIKARJUN Vs. SARITA AND ORS.

JUDGEMENT

(1.) THE petitioner/husband has filed this revision petition against the order dated 03.07.2014 made in Crl.Misc. Case No. 64/2013 on the file of the Family Court, Gadag, granting maintenance of Rs. 5,000/ - per month to both wife and daughter.

(2.) IT is the case of the 1st respondent/wife before the Family Court that the she is the legally wedded wife of the petitioner and their marriage was solemnized on 02.04.2008 at Kusugal village as per the customs prevailed in their community. At the time of the marriage, as per the talks, the parents of the 1st respondent have given Rs. 2,50,000/ - to the petitioner as Varopachar and also for the marriage expenses. After the marriage, the 1st respondent has gone to the house of the petitioner and she has lead marital life with the petitioner. The petitioner at the instigation of his mother and also his elder sister, used to abuse the 1st respondent in filthy language and he has also demanded additional dowry of Rs. 1,00,000/ - and also 10 tolas of gold. Inspite of the advise of the elders and also the request of the parents of the 1st respondent, the petitioner has not stopped his demand and ill -treatment. He has not taken back the petitioner to his house and thereby, the 1st respondent has suffered a lot of harassment from her husband and his parents, and when she could not tolerate the harassment, she lodged complaints before the Hubli Police Station and Gadag Police Station. The police authorities had settled the matter and sent back the 1st respondent to the matrimonial house. Even after the advise of the police authorities, the petitioner and his family members have not stopped the ill -treatment. Under these circumstances, the 1st respondent lodged another complaint at Hubli Police Station on 25.10.2010. She also contended that she is not having any income and the petitioner has done Diploma in Fitter and he is working as a Technician at Kalyan Factory, Hubli and he is drawing a salary of Rs. 25,000/ - p.m. and also owns 4 acres of fertile land and getting more than Rs. 4,00,000/ - annually. The respondents 1 and 2 require Rs. 10,000/ - p.m. for their maintenance and the petitioner is having sufficient income and is capable of payment of maintenance amount and therefore, she filed the maintenance petition.

(3.) BASED on the pleadings, the Family Court framed the following points: