KIRAN Vs. VEDICA

JUDGEMENT

(1.) This is a husband's revision petition against the order dated 14.09.2015, made in Crl.Misc.No.356/2014, on the file of the Family Court, Vijaypur, awarding maintenance of Rs.5,000/- per month to the respondent-wife from the date of petition till further orders.

(2.) The wife has filed M.C.No.36/2012 under Section 9 of the Hindu Marriage Act, claiming restitution of the conjugal rights and the same is allowed. The husband has filed M.C.No.158/2013 under Section 13(1) (i-a) of the Hindu Marriage Act for claiming divorce and the same came to be dismissed. The wife also filed Crl.Misc.No.356/2014 for maintenance and the same came to be decreed, granting maintenance of Rs.5,000/- per month by common impugned order dated 14.09.2015.

(3.) The present respondent who is the wife of the petitioner has filed Crl.Misc.No.356/2014 claiming maintenance of Rs.20,000/- per month contending that marriage of the present petitioner with the respondentwife was solemnized on 23.05.2010 at Sangameshwar Mangal Karyalaya in Vijaypur. After the marriage, they led happy marital life for about one year. The respondent-wife stayed with the present petitioner at K.G.F. and thereafter, at Bangalore. The parents of the respondent-wife were paid Rs.50,000/- as deposit and advance rent of three months for the said house. After shifting the said house, the behavior of the present petitioner was changed. He started to leave his wife alone in the said house and started to go to his sister's house at Tumkur for days together without any cause or reason. It is further case of the respondent-wife that on 01.11.2011, the present petitioner has left his wife at J.C.Nagar house, without informing her and he did not return for next four days. Thereafter, the wife was very much worried and she informed this fact to the owner of the house i.e., Sri.Swamy. Then, the respondent and the said owner went to M.S.Ramayya hospital, where the present petitioner was working and enquired the whereabouts of the present petitioner. The staff of the said hospital informed them that the present petitioner has not reported for his duty for the last four days. The respondent-wife immediately informed the said fact to her parents at Vijaypur. Thereafter, the respondentwife has come to Vijaypur along with his mother and maternal uncle on 13.11.2011. After coming to Vijaypur, the respondent's parents tried to contact the petitioner on mobile phone, but the petitioner gave vague reply. As such, the respondent-wife constrained to issue legal notice to the petitioner. Consequently, she filed M.C.No.36/2012 for restitution of conjugal rights.