GAUTAM Vs. VIRAJ AND ORS.

JUDGEMENT

(1.) THE ranking of the parties before the Family Court is referred in this R.P.F.C. for convenience.

(2.) THE petitioner/husband filed the above revision petition against the order dated 02.05.2015 made in Crl. Misc. No. 216/2013 on the file of the Family Court, Belagavi, granting maintenance of Rs. 20,000/ - to the first respondent -wife and Rs. 5,000/ - to the second respondent -son, is before this Court.

(3.) UPON service of notice before the Family Court, the respondent filed statement and denied all the allegations except the relationship of the petitioners and contended that she was happy for 4 years living with the husband and she has discharged her marital obligations, she was sent for training in computers and was working at School. Later she joined Early Childhood Education Care Course at Mumbai. She was enrolled in the family ration card at Sirsi. She has a PAN card, which serves as her identity, also an add -on credit card was issued to her for the comfort of shopping. He also stated that he has deposited a fixed sum every month in her savings account which accumulated upto 3 lakhs by the time she left on 20.07.2012. There were no restrictions placed by the respondent. During her pregnancy the mother of the petitioner was also called by the respondent to Mumbai, who stayed for about a week. Respondent who was in service, has shifted to Kolkata where they lived together for more than a year. During the said period the respondent suffered from ectopic pregnancy and had to be operated immediately. There was no delay in providing medical attention to the petitioner whose life could be in danger if not properly taken care of. Mother of the petitioner visited after a period of more than two months on the request made by respondent. Travel expenses for the visit of petitioner's mother were borne by him and never claimed. He also contended that he had taken care of the petitioner by providing timely nutritious food and medical facilities. Petitioner was very aggressive and was not talking to his mother but talking with her mother for lengths of time. Her attitude towards the parents of respondent was rude. He also contended that he or his parents never demanded any dowry from her parental house before or after the marriage and petitioner has visited her parental house number of times and she also visited maternal home several times. S.B. Account was also opened in her name with considerable amount transferred every month. ATM card is still with her and was used every month to withdraw money even after she left the house of respondent. Therefore, he sought for dismissal of the maintenance petition.