RAMESH GOULI Vs. MEENAKSHI

JUDGEMENT

(1.) The petitioner/husband has presented this Revision Petition against the order dated 16.11.2015 made in Crl. Misc. No. 175/2014 on the file of the Prl. Judge, Family Court, Raichur, awarding maintenance of Rs. 7,000/- to the respondent/wife from the date of petition until further orders.

(2.) For the sake convenience, the parties are referred to by their rank before the Family Court.

(3.) The respondent/wife who is petitioner before the Family Court filed Crl.Misc. No.175/2014 under Section 125 of the Code of Criminal Procedure, claiming maintenance of Rs. 13,000/- per month contending that the marriage of the petitioner with the respondent was performed on 06.05.1982 and they were happy for 14 years. In the year 1993, she was driven out from the matrimonial home without any reason. She approached Seva Kutumba Salaha Kendra, Raichur, and the matter was settled there and respondent/husband agreed to pay monthly maintenance of Rs. 800/-. Due to hike in prices of essential commodities and house rent, the petitioner contended that the said maintenance is not sufficient to maintain herself. Now, respondent is getting salary of Rs. 26,300/- per month and he is having three houses bearing municipal Nos.10-4-65, 6-8-13 and 9-1-73 situated at Maktalpet in Kumbar Oni, Bestawarpet and Maddipet, Raichur, respectively, which were let out to the tenants and getting rent of Rs. 6,000/- from each house and thus, his monthly income is Rs. 44,700/-. It is contended that the respondent has got second marriage with one Savitha and living with her. Petitioner is unable to maintain herself. Even if the petitioner is allowed to stay in any one of the houses of the respondent, it will be convenient for her. The respondent/husband has failed to pay maintenance of Rs. 800/- from 03.05.2014 and hence, she has filed the petition before the Family Court, after issuing a legal notice.