MOHANRAO MADHAVRAO SORATUR Vs. MANGALA

JUDGEMENT

(1.) AGGRIEVED by the order dated 17/8/2015 passed by the Family Court, Hubli, whereby the learned Judge has allowed the respondent's application filed under Section 125 of Cr.P.C. and has directed the petitioner to pay maintenance of Rs. 3,000/ - per month to the respondent, the petitioner, Mr. Mohanrao Soratur, has approached this Court.

(2.) BRIEFLY , the facts of the case are that, the petitioner, was married to the respondent, Smt. Mangala on 29/5/1973 according to the Hindu rites and customs. During the wedlock, three children were born. After having spent fifteen years of happily married life, difference arose between the couple and they parted company in 1987. Since the respondent was unable to maintain herself and her children, she filed an application under Section 125 of Cr.P.C. However, the said application ended up with a compromise between the parties. Subsequently, the respondent filed a second application in the form of OS No. 130/1992 before the Additional Civil Judge, Hubli. The said application was allowed, whereby the learned Additional Civil Judge granted a maintenance of Rs. 400/ - per month to the respondent and the three children each. Since the petitioner did not implement the said decree, the respondent was forced to file an execution petition, namely, E.P. No. 198/1995 for claiming the arrears of maintenance. The said execution petition was disposed of by the Executing Court by order dated 15/6/1995.

(3.) ON the basis of the pleadings, the learned Family Court framed issue No. 1 as under: