NAGAMMA Vs. SURYAKANT

JUDGEMENT

(1.) The wife and minor son have filed the present Revision Petition for enhancement of maintenance amount, against the order dated 02nd December 2014 made in Crl.Misc.No.233/2014 on the file of the Judge, Family Court, Vijayapura, granting maintenance of Rs.3,000/- per month to each of the petitioners, from the date of petition till further orders.

(2.) The petitioners filed Crl.Misc.No.233/2014 against the respondent/husband claiming maintenance of Rs.10,000/- each under Section 125 of Cr.P.C. contending that 1st petitioner is the wife and 2nd petitioner is the son of the respondent. The marriage of the 1st petitioner with the respondent was solemnized about 14 years back in Desai-Kallur village as per Hindu customs. Out of the wedlock, 2nd petitioner was born. It is the further case of the petitioner that immediately after the marriage, 1st petitioner went to the house of the respondent in order to perform her marital obligations and to lead marital life with the respondent and led the marital life with the respondent for 13½ years. The respondent has given lot of mental torture to the 1st petitioner and insisted her to bring dowry of Rs.5 lakhs and 20 grams gold and he has persistently abused and has assaulted her by pulling her hairs. On 17.03.2014, respondent under the influence of alcohol, assaulted the 1st petitioner with hand and abused her in filthy language and thrown the petitioner along with her son out of his house. Petitioners with the help of neighbours came to her parental house at Bijapur and is now residing with her parents.

(3.) It is the further case of the petitioner that 2nd petitioner is minor and handicapped studying in 6th standard, that respondent is habitual drunker and gambler and is having illicit relationship with a woman in Afzalpur whose name is not known to her and the respondent is presently leading adulterous life with her and he has not arranged maintenance to both the petitioners and neglected them. It is further contended that respondent owns irrigated land of 12 acres 34 guntas in Guddewadi village, Afzalpur Taluk and is getting more than Rs.20 lakhs per annum from the said land by growing sugar cane. Apart from the said income, respondent is doing money lending business and is earning Rs.2 lakhs per month.