SHIVASHANKREPPA Vs. SHAILA AND ORS.

JUDGEMENT

(1.) THE petitioner is before this Court challenging the Order passed by the Judge, Family Court, Bijapur, in Crl. Misc. No. 282/2013, wherein the said Court has awarded maintenance of Rs. 3,000/ - each per month to the respondent Nos. 1 to 4 herein U/Sec. 125 of Cr.P.C.

(2.) THE learned counsel for the petitioner strenuously argued before the Court that he is ready and willing to maintain the children and pay the amount at the rate of Rs. 2,000/ - per month to respondent Nos. 2 to 4 and the first respondent, the wife is not entitled for maintenance as she is living in adultery. It is further contended that the trial Court has not properly appreciated the oral and documentary evidence on record produced by the petitioner in order to prove the adultery on the part of the wife.

(3.) PER contra, the learned counsel for the respondents strenuously contended that the husband has taken a serious objection with regard to the fidelity and conduct of his wife. Therefore, it is incumbent upon the petitioner to prove the adultery plea taken up by him beyond reasonable doubt. Otherwise, that itself is sufficient to come to conclusion that the respondents are entitled for maintenance as prayed for. It is contended that the respondent No. 1 is not only entitled for maintenance, but they are also entitled for compensation for having failed in proving the adultery against her. It is further contended that the petitioner admittedly is a Class -I contractor and having sufficient landed properties in his name and no other dependants are there to be maintained by him. His father admittedly has been receiving pension of Rs. 25,000/ - per month. Therefore, the order passed by the trial Court though, it has not granted as claimed by the respondents before the trial Court but the order impugned under the appeal does not deserve for any modification. Therefore, he pleaded for dismissal of the petition.