BHIMANAGOUDA Vs. JAYASHRI

JUDGEMENT

(1.) The husband filed the present Revision Petition against the order dated 08.07.2015 made in Crl.Misc. No.456/2014 on the file of the Family Court, Viajayapura, granting maintenance of Rs.5,000/- each to the petitioners who are the wife and daughter, from the date of the petition till further orders as against 1st petitioner and till the performance of the marriage of the 2nd petitioner.

(2.) The respondents who are the petitioners before the Family Court filed Crl.Misc. No.456/2014 under Section 125 of the Cr.P.C. claiming maintenance against the petitioner who is respondent before the Family Court contending that the marriage of the 1st petitioner with the respondent was performed during the year 1993 in front of the house of the respondent at Allapur Oni, Sindagi Naka of Vijayapura town. Out of their wed lock, a female child Priyanka was born to them. There after, parents of the respondent started ill-treating the 1st petitioner and harassing by demanding additional dowry of Rs.50,000/- and 10 tholas of gold from her. The 1st petitioner tolerated the ill treatment with a hope that they would improve their behaviour, but the same went in vain. The respondent is having bad habit of consuming liquor and beating the 1st petitioner. It is the case of the petitioner that respondent is drawing salary of Rs.30,000/- and is owning irrigated land measuring 8 acres and getting annual income of more than Rs.5 lakhs by growing commercial crops like sugar cane, banana etc. The respondent is capable of maintaining the petitioners. Further, 1st petitioner is not having any source of income, her son is studying in BCA and 2nd petitioner is studying in 10th standard. The respondent filed M.C.No.73/2013 for restitution of conjugal rights and the petition ended in compromise. Thereafter, 1st petitioner went to the house of the respondent along with her children to lead marital life. But the respondent and his parents raised quarrel and beat her with club on account of which the 1st petitioner sustained injuries and she was admitted in the Civil Hospital at Vijayapura on 01.09.2014. Thereafter, MLC was registered and the police have sent the FIR against the respondent and his parents under CGPS Cr.No. 124/2014 for the offences punishable under Sections 498(A), 323, 324, 506 r/w Section 34 of the IPC. It is the further case of the petitioners that the respondent refused to maintain the petitioners, therefore, they are constrained to file the petition claiming maintenance of Rs.10,000/- to each of the petitioners.

(3.) The present petitioner/husband who is respondent before the Family Court filed objections, denied all the allegations except the relationship of the parties and it is specifically contended that the respondent is still ready and willing to take back the petitioners to his house. It is contended that the 1st petitioner herself has left the company of the respondent and therefore, M.C.NO.73/2014 was filed against the 1st petitioner for restitution of conjugal rights. In the initial stage, the 1st petitioner did not appear in the said case. When the case was posted for judgment, 1st petitioner appeared and agreed to joint the company of the respondent with a malafide intention and as such a joint memo was filed. Inspite of the compromise, the 1st petitioner did not joint the respondent to lead marital life and fled a false complaint against the respondent and his parents. The respondent has no other way, except to file M.C.No. 185/2014 claiming for decree of divorce against the 1st petitioner and also contended that earlier, Crl. Misc. No.4/2004 was filed by the petitioners and maintenance of Rs.750/- was awarded to each petitioners.