MAHADEVANAKIA Vs. SHIVAKUMAR GOPAMMA

JUDGEMENT

(1.) THIS revision petition under section 19 (4) of the Family Courts Act, 1984 (for short the 'act') is directed against the order dated 24-4-2002 passed by the learned judge Family Court, Mysore in Civil Miscellaneous No. 185/1998 originally numbered as 113/1998.

(2.) CIVIL Miscellaneous petition was by the wife and children of the present revision petitioner claiming a monthly maintenance of Rs. 2. 000/- per month against the salary of rs. 6,000/- per month which the revision petitioner was drawing by working as a cashier at K. E. B. , Kollegal. The revision petitioner congested the claim disputing the very relationship and accordingly pleaded he is not liable to pay any amount by way of maintenance in favour of 1st petitioner therein the wife 2nd and 3rd petitioners/minor sons. The learned Judge of the Family Court who had framed as many as four points for determination, which are :-1]. Whether the 1st petitioner is legally wedded wife of respondent and petitioners 2 and 3 are his children? 2]. Whether the respondent has neglected to maintain the petitioners and that the petitioners are unable to maintain themselves? 3]. Whether petitioners are entitled to maintenance? and if so, at what rate? 4]. To what order? proceeded to answer the 1st point only partly in affirmative and in favour of the petitioners partly, in the sense she had not positively proved a valid marriage with the petitioner but, nevertheless on the material available proceeded to hold that the 1st petitioner and the respondent therein had lived together and the 2nd and 3rd petitioners were their children and therefore the 2nd and 3rd petitioners were entitled to claim maintenance from their father-the respondent and awarded a sum of Rs. 250/- per month to each of the two sons from the date of filing of the petition till the sons attain majority.

(3.) IT is as against such an order, the present revision petitioner under Section 19 (4) of the family Courts Act, by the aggrieved husband/ father.