LAWS(KAR)-2018-10-387

ZAHEEDA W/O RAJMOHAMMED CHOUSE Vs. RAJMOHAMMED

Decided On October 22, 2018
Zaheeda W/O Rajmohammed Chouse Appellant
V/S
Rajmohammed Respondents

JUDGEMENT

(1.) This revision petition of wife and son arises out of the order dated 14.10.2010 in Criminal Miscellaneous No.375 of 2008 passed by the Judge Family Court, Belgaum. By the impugned order the trial Court has rejected the claim of the 1st petitioner for maintenance and granted maintenance of Rs.500/- per month to the 2nd petitioner till he attains majority.

(2.) The petitioners filed Criminal Miscellaneous No.375 of 2008 alleging that they are the wife and son of the respondent and after the marriage, respondent and his family members subjecting the 1st petitioner to physical and mental cruelty in connection with their unlawful demands, when she was 4 months pregnant, drove her out of the matrimonial home. They further contended that, after the respondent driving her from the matrimonial home she took shelter in her parental house and stayed with the 2nd petitioner. They contended that the respondent having sufficient means has willfully neglected to maintain them despite the issue of notice dated 09.11.2006 and has contracted the 2nd marriage.

(3.) The respondent contested the petition denying of allegations of cruelty, driving out the 1st petitioner from the matrimonial home. He contended that the 1st petitioner was nagging, non-cooperative, was insisting him to stay with her in her parental house and she herself has deserted him. He further contended that he was working as cleaner in truck and earning Rs.75/- per day and maintaining his old aged parents. He further contended that he cannot afford to pay separate maintenance to the petitioners. So far as the notice, he contended that he has issued a befitting reply to the same.