SELVIN Vs. ELIZABETH PRAMILA AND ORS.

JUDGEMENT

(1.) THE above revision petition is filed by the Husband against the order dated 22.07.2014 made in Crl.Misc. No. 308/2013 on the file of the Prl. Judge, Family Court, Bellary, granting maintenance of Rs. 10,000/ - to the 1st petitioner -wife from the date of the order during her life time and Rs. 5,000/ - to the 2nd petitioner -daughter from the date of the order till the date of attaining majority or till her marriage.

(2.) IT is the case of the wife before the Family Court that the marriage of the petitioner -wife was performed with the respondent on 02.02.2009 at CSI Church, Tambaram, Chennai. After the marriage, they lived together at Manimangalam, Kancheepuram District, Tamil Nadu. At the time of the marriage, the respondent received Rs. 60,000/ - worth household articles and 12 savarans gold ornaments as dowry. Subsequent to the marriage, the respondent along with his mother started abusing the 1st petitioner with filthy language with the demands of further dowry. The 1st petitioner tolerated all the ill treatments given to her with a hope that the respondent may change his behaviour. The 2nd petitioner was born on 10.02.2010 and thereafter, he went to Muscat on employment and left the 1st petitioner in his parent's house. The mother -in -law of the 1st petitioner subjected her for cruelty in the absence of the respondent and thereafter she joined her husband in Muscat, on 03.02.2011. Even when they were residing at Muscat, the respondent was ill -treating the 1st petitioner and they returned to India on 04.08.2012. The respondent and his mother continued to ill -treat the 1st petitioner even after their return from Muscat, Hence, a medication was also held in Manimangalam in the 1st week of October 2012. The respondent with an intention to have 2nd marriage continued to ill -treat the 1st petitioner by seeking her consent for the same. On 12.11.2012, about 7.30 p.m. the respondent brutally assaulted the 1st petitioner and thrown her and her daughter out of the house. A Panchayat was held and she was taken back to the house of the respondent in the last week of April 2013. The respondent once again continued to ill -treat the 1st petitioner both physically and mentally at the instigation of his mother, sister and brother and on 30.08.2013, the 1st petitioner and the respondent met with an accident, wherein the 2nd petitioner sustained injuries to her left thumb. When the 1st petitioner returned to the house, the respondent, his mother and sister abused the 1st petitioner as to why she had not died in the accident and assaulted her severely. In spite of the elders intervened settlement was not arrived at. Therefore, on 13.09.2013, the 1st petitioner filed a complaint at Women's Police Station, Sriperumbuthur, Kanchipuram District Tamilnadu and a crime was registered in Crime No. 11/2013 and the respondent issued a legal notice. She further contended that the respondent was working as an Engineer in Dubai and Muscat for several years and earning more than Rs. 1,00,000/ - per month. He is having both movable and immovable property and he is capable to maintain independently, the 1st petitioner now in need of Rs. 15,000/ - per month and the 2nd petitioner is in need of Rs. 10,000/ - per month and another amount of Rs. 5,000/ -towards house rent and they are unable to maintain themselves and hence, prays to award maintenance of Rs. 30,000/ - per month in all and litigation expenses of Rs. 20,000/ -. Therefore, they filed the petition before the Family Court for maintenance and expenses.

(3.) IN order to establish her claim, the wife -1st petitioner was examined as PW.1 and got marked Exs.P1 to 8 and respondent was examined as RW.1 and witness as RW.2 and marked documents at Exs.R1 to 6.