LAWS(KAR)-2016-1-69

MAHESH Vs. SAVITA AND ORS.

Decided On January 12, 2016
MAHESH Appellant
V/S
Savita And Ors. Respondents

JUDGEMENT

(1.) Sri. M.G. Naganure, learned Counsel, is directed to take notice for the respondent in W.P. No. 105443/2015.

(2.) W.P. No. 104240/2015 is filed by the husband questioning the ex -parte order dated 12.02.2015, granting maintenance of Rs. 22,500/ - to the wife and daughter, whereas W.P. No. 105443/2015 is filed by the wife and the minor daughter against the ex -parte maintenance granted by the Family Court for enhancement of maintenance amount.

(3.) The wife and daughter filed Criminal Misc. No. 42/2015 under Sec. 125 Cr.P.C., against the husband, before the Family Court, Dharwad, seeking maintenance of Rs. 40,000/ - and Rs. 20,000/ - respectively. It is stated by the petitioners before the Family Court, that the marriage of the 1st petitioner and the respondent was solemnised on 29.04.2002 at Yatri Nivas, Mudhol and out of their wedlock, the 2nd petitioner Kumari Prerana was born. It is further case of the wife - 1st petitioner before the Family Court, that the respondent -husband was transferred to Solapur in Maharashtra State. When she joined him in Solapur, he started ill -treating her. On 21.11.2014, she went to the office of the petitioner at NTPC, Fatatewadi and asked as to why he is not coming to the house since several days, whereupon, she was given life threat and was beaten black and blue by her husband and she was forced to lodge a complaint in Walsang Police station on 22.11.2014 for the offences punishable under Ss. 498A, 323, 504, 506 R/w. Sec. 34 of the IPC, against the respondent -husband and four others. She also contended that the respondent -husband is getting a salary of Rs. 1,50,000/ - p.m., but neglected to maintain her. Hence she prayed for maintenance for herself and for her minor daughter.