PRAVEEN KUMAR Vs. PUTTAMMA @ SOUBHAGYALAXMI

JUDGEMENT

(1.) The present revision petition is filed by the husband against the order dated 05.02.2015 made in Crl.Misc.No.480/2013 on the file of the Family Court Vijaypur, awarding maintenance of Rs.4,000/- per month to the wife from the date of petition until further orders.

(2.) It is the case of the respondent/wife before the Family Court that the marriage of the present petitioner with the respondent was took place on 24.06.2012 at Gachinamath of Athani town in accordance with the Hindu customs and rites. After the marriage, she went to the house of the husband to lead marital life with him. They were happy about two months and thereafter, the husband has taken loan of Rs.1,00,000/- from the parents of the wife for his job by promising to return the same to her parents. After two months, when the father of the respondent/wife demanded for return of the said hand loan but, the husband has failed to repay the same by showing one or the other reason. Thereafter, the husband at the instance of his mother and sister started to ill-treat the respondent/wife by abusing and assaulting her and by making false allegation against her. It is further case of the wife that her husband has addicted to bad habits like consuming alcohol and he used to come to the house by consuming alcohol and used to ill-treat the wife by demanding additional dowry of Rs.3,00,000/- and five tolas of gold, to be brought from her parental house. When she has failed to fulfil his demand of additional dowry, during Nagar Panchmi festival, the husband by abusing and assaulting his wife has driven out her from his house. In spite of the best efforts made by the elders of both the parties, have not heeded to their request. The husband has not made any efforts to take back his wife and she is unable to maintain herself. The husband has refused and neglected to maintain his wife. She further contended that the family of the husband has owning five acres of land, which is situated two kilometers away from Athani town. Now her husband is trying to convert the said land into non-agricultural and he also running ITI college in partnership and earning Rs.3,00,000/- per annum hence he is capable to maintain his wife. Therefore, she prayed for grant of maintenance of Rs.6,000/- per month.

(3.) The present petitioner who is the respondent before the Family Court has filed objections admitting the relationship of the parties and the marriage but, denied the allegations made against him. He contended that his wife has stayed with him only for 20 days. She used to raise quarrel with him for silly reasons. During her stay in the marital home, she was also not allowing the husband to touch her body, which caused him mental agony. Further he contended that his parents have incurred the marriage expenses. Ultimately, the petitioner/husband has issued legal notice on 16.08.2013 to his wife through an advocate calling upon her to come and join the company with him, to lead marital life. But, the wife did not turn up to the marital home therefore the husband was compel to file M.C.No.71/2013 seeking divorce. As a counter, the respondent/wife has filed maintenance petition. He also contended that the family of the wife is owning 10 acres of irrigated land and getting annual income of Rs.20,00,000/- and she is capable to maintain herself. Therefore, he prays for dismissal of the petition.