MOHAMMED AREEF S/O LATE KHADARSAB, AGED ABOUT 28 YEARS, GOODS TRANSPORT BUSINESS, R/O 2ND MAIN, 2NB CROSS, VINOBHANAGARA, DAVANAGERE Vs. SMT. UMMIHANI W/O MOHAMMED AREEF, AGED ABOUT 44 YEARS, HOUSEWIFE

JUDGEMENT

(1.) This petition is directed against the Judgment and Order passed by the Family Court, Davangere, [Family Court, for short] in Crl. Misc. No.433/2014.

(2.) Respondent No. 1 is the legally wedded wife of the petitioner and respondent No.2 is the child born during the wedlock of the couple. The respondents filed a petition under section 125 of Code Criminal Procedure against the petitioner herein claiming monthly maintenance of Rs.20,000.00 with costs of the petition.

(3.) The allegations and counter allegations are made between the parties. It is the contention of the wife/respondent No. 1 herein that due to the ill treatment meted out by the petitioner, she was compelled to leave the matrimonial house and is now residing with her parents along with her child She being unemployed and not an earning member, neglected by her husband/petitioner herein, sought for maintenance. The petitioner refuted the claim of the respondent on the ground that he has pronounced talak to the respondent No. 1 as per Islamic tradition and the same was intimated to the respondent No. 1 as such there is no relationship of husband and wife between the petitioner and the respondent No. 1. It was further contended that the petitioner is suffering from mental disorder and is taking treatment for severe depression. Thus, be is not working and earning. Considering the material evidence on record, the Family Court partly allowed the petition ordering the monthly maintenance of Rs. 1,500.00 to the first respondent and Rs.800.00 to the second respondent from the date of the petition. Aggrieved by the same, this petition is filed by the husband.