ASHOK Vs. MADHU AND ORS.

JUDGEMENT

(1.) The petitioner(aggrieved father), has filed this petition calling in question the order of Principal Judge, Family Court, Dharwad, in Crl. Misc. No. 460 of 2011 granting maintenance of Rs. 3,000/ - each per month to the petitioners therein from the date of the petition till the date of order and Rs. 4,000/ - per month each from the date of the order till their marriage and also awarding an amount of Rs. 25,000/ - per annum to the petitioners therein towards their educational expenses.

(2.) There is no dispute between the parties with regard to their relationship. It is also not disputed that the petitioner and his wife/mother of the respondents have filed a petition in M.C. No. 22 of 2006 and have entered into compromise vide joint memo and thereafter their marriage came to be dissolved. It is also an undisputed fact that in view of the joint memo, Crl. Misc. No. 38 of 2007 filed under Sec. 125 of the Code of Criminal Procedure and a Private Complaint in No. 7 of 2006 on the file of the Additional JMFC, Dharwad, were withdrawn.

(3.) The wife -as a minor guardian of the petitioners therein had filed a petition for maintenance under Sec. 125(1) of Cr.P.C. claiming that, in the joint memo, there is no recital with regard to the forfeiture of maintenance right of the children. Further, the petitioner has neglected and refused to maintain the children in not providing maintenance, educational expenses etc. The petitioners have sought maintenance of Rs. 5,000/ - per month each and Rs. 50,000/ - per annum towards their educational expenses from the respondent therein. It is also contended with regard to the income of the respondent therein that the respondent is employed in the LIC department and is drawing handsome salary and therefore the petitioners are entitled for maintenance and educational expenses as sought for.