P. SURESH Vs. S. DEEPA AND ORS.

JUDGEMENT

(1.) These two petitions have been filed by wife as well as husband questioning the correctness and legality of the order dated 23.11.2012 passed by the Prl.Civil Judge, Family Court, Bangalore in C.Mis. No. 14/2009 whereunder petition filed by wife under Sec. 125 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C'.) claiming a sum of Rs. 30,000/ - per month as maintenance and expenses for herself and for her minor son, together with a sum of Rs. 30,000/ - towards litigation expenses came to be adjudicated by Family Court and said petition has been partly allowed directing the husband to pay her maintenance of Rs. 20,000/ - per month to second petitioner (son) from the date of order till he attains the age of majority with Rs. 20,000/ - towards litigation expenses and rejecting the claim of first petitioner for maintenance. Aggrieved by rejection of the claim made, wife has filed RPFC No. 14/2013 and husband has preferred RPFC No. 42/2013 being aggrieved by award of maintenance of Rs. 20,000/ - to the second petitioner - son as being highly excessive.

(2.) Since common arguments are advanced and issue involved in both the petitions being one and the same, both are taken up together and disposed of by this common order.

(3.) The discordant note between husband and wife which has derailed their marriage has resulted in various litigation arising between them and the present two petitions are the offshoot of such dispute between husband and wife.