SANJAY CHANDUSA GONGALE Vs. ANJALI AND ORS.

JUDGEMENT

(1.) The petitioner/husband filed the above revision petition against the order dated 10.6.2004 made in Criminal Misc. 223/2013 on the file of the Family Court, Belgaum granting maintenance of Rs.2,500/- to the 1st respondent/wife and Rs.1,000/- to the 2nd respondent/daughter aged about 5 - 1/2 years as on today.

(2.) It is the case of the respondents that 1st respondent is the legally wedded wife of the petitioner and out of their wedlock 2nd respondent/daughter was born. It is alleged in the petition filed before the Family Court by the respondents that few months after the child was born, the petitioner and their family members started to harass the 1st respondent and abused her in filthy language and the petitioner used to come in a drunken state and assault her/wife and he used to bring grocery only for a period of 15 days. But despite request, he refused to bring the foodgrains for the remaining 15 days in a month. She tolerated the acts of the petitioner with a hope that he would mend his ways in future. It is the case of the 1st respondent/wife that her daughter has undergone operation of kidney and her father met the expenses incurred to an extent of Rs.60,000/- and the petitioner has incurred the expenses of Rs.20,000/- for the operation. The petitioner is doing the business of rubber stamp and he has not paid maintenance since two and half years. Hence, she was constrained to file a petition before the Family Court.

(3.) The petitioner/husband appeared before the Family Court and filed his objections denying all the allegations against him but admitted the relationship with the respondents. He further stated that the 1st respondent/wife is not interested in his company even from the date of marriage. She always used to go to her parental house against his will. The 2nd respondent was suffering from serious medical aspects for which he borne all the medical expenses by selling gold ornaments of his mother. He is ready and willing to lead married life with the respondent/wife. Though he is getting meager income from his avocation, he has to pay the medical expenses of his aged mother and hence, not capable of providing separate maintenance to the respondents, etc.