T SRINIVASAN, S/O THIMMAIAH Vs. RADHIKA

JUDGEMENT

(1.) The husband filed the present RPFC against the order dated 24.07.2015 made in Crl.Misc.593/2012 on the file of the III Addl. Prl. Judge, Family Court, Bengaluru, awarding monthly maintenance of Rs.8,000/- to the 1st petitioner (1st respondent-wife herein) and Rs.3,000/- + Rs.1,000/- to the 2nd petitioner (2nd respondent herein) Master Hitesh, son, towards maintenance and education expenses till he attains majority from the date of the petition i.e. 29.12.2012.

(2.) The rank of the parties are referred in this petition as per the ranking before the Family Court.

(3.) The respondents who are petitioners before the Family Court filed a petition under Section 125 of the Code of Criminal Procedure seeking monthly maintenance of Rs.25,000/- for them and Rs.10,000/- as litigation expenses, contending that the 1st petitioner married the respondent on 22.04.2004 at Sri Hombelaku Kalyana Mantapa, No.14, 1st Cross, Shankarmat, Near Post Office, West of Chord Road, Bengaluru. The respondent is none other than her maternal uncle. The marriage expenses was borne by her parents and her parents gave dowry of a sum of Rs.20,000/- by way of cash and gold neck chain weighing 20 grams to the respondent and gold mangalya chain weighing 30 grams, one pair of ear-ring, 2 gold finger rings, one gold Tali, weighing 50 grams to the petitioner and they spent Rs.2,00,000/- towards marriage expenses. It was further contended that after marriage the 1st petitioner lived with the respondent along with his parents at matrimonial home. From the day of the marriage, respondent started to harass the 1st petitioner for additional dowry from her parents. The 1st petitioner tolerated the harassment, because the respondent is her maternal uncle and out of the wedlock, a boy by name Hitesh (2nd petitioner) was born to them and he was studying in 2nd standard at Arabindu Vidya Mandira.