MAHADEVA SWAMY Vs. SMT. SHASHIKALA AND ANOTHER

JUDGEMENT

(1.) The petitioner who is the husband of the 1st respondent and father of the 2nd respondent has filed the present revision petition against the impugned order dated 31.3.2015 made in Cri. Misc.No.314/2010 on the file of the Addl. Family Court, Mysuru, awarding maintenance of Rs.3,000.00 to the wife and Rs. 1,000.00 to the daughter from the date of the petition.

(2.) The parties are referred to as per their ranking before the family Court.

(3.) The respondents herein who are the petitioners before the Family Court have filed petition under Sec. 125 of Code of Criminal Procedure against the respondent/husband contending that the 1st petitioner is the legally wedded wife of the respondent and their marriage was solemnized on 22.4.2005 at Hulimavu Village, Chatra Hobli, Nanjangudu Taluk, Mysuru District as per the Hindu customs. The parents of the 1st petitioner performed the said marriage by spending huge amount besides giving cloths and watch etc., to the respondent. After their marriage, the 1st petitioner joined the respondent and led a married life with him. Out of the wedlock, the 2nd petitioner was born. Thereafter, the respondent started harassing the 1st petitioner by making false allegations. The respondent has also field a divorce petition in M.C.No.132/2006 and the said petition came to be disposed of by awarding judicial separation by an order dated 20.1.2010. Thereafter, the 1st petitioner had filed a petition under Sec. 24 of Hindu Marriage Act in M.C.No. 132/2006 and also filed an application under Sec. 25 of Hindu Marriage Act. During the pendency of the said divorce petition, no orders was passed on the said application. It is the further case of the petitioners that the father of the 1st petitioner being a coolie is not in a position to maintain the petitioners. The respondent is a labour contractor and earns Rs. 10,000.00 per month as commission. The respondent also owns agricultural properties which are irrigated and is getting income of Rs.60,000.00 per annum. The 1st petitioner requires Rs.3,000.00 per month for herself and Rs.2,000.00 per month for petitioner No.2. Therefore, prays for maintenance of Rs.5,000.00 per month.