ABDULLA Vs. NASREEN

JUDGEMENT

(1.) This revision petition is filed by the husband against the order dated 23.09.2016 made in Criminal Misc. No.285/2015 on the file of the Judge, Family Court Vijayapura, awarding monthly maintenance of Rs.5,000/- to the 1st respondent-wife of the petitioner, from the date of petition till further orders and Rs.3,000/- to the 2nd respondent-son of the petitioner till he attains the age of majority.

(2.) Brief facts of the case are that the respondents herein filed a petition under Section 125 of Cr.P.C., against the petitioner herein before the Family Court, Vijayapura claiming maintenance contending that the 1st respondent is the legally wedded wife of the petitioner and the 2nd respondent is their son and their marriage was performed on 24.04.2013 at Aalmageer Marriage Hall in accordance with the customs in their community. It is contended by the respondents that after marriage both the petitioner and 1st respondent have led happy marital life for few days, thereafter respondent and his family members started to abuse, assault and ill-treat the 1st respondent and always they were humiliating the 1st respondent. In the mean time the 1st respondent became pregnant and during the 7 months pregnancy the 1st respondent was sent for delivery and on 27.05.2014 she gave birth to the 2nd respondent. After delivery of 2nd respondent, the 1st respondent went to the house of the petitioner to lead marital life, again the petitioner and his family members started to ill-treat her.

(3.) It is her further case that on 27.12.2014 the parents and sisters of the petitioner administered poison to her, as such she was admitted at Aamina Hospital of Bhiwandi Mumbai as an indoor patient for two days and discharged on 29.12.2014, thereafter she was sent to her parental house and in spite of several requests made, the petitioner refused to take her back and pay maintenance. Therefore, she filed a Criminal Petition. It is the case of the respondents that the petitioner was doing Weight Loading Contract Work and earning Rs.5,00,000/- income per month and he had purchased four plots at Taravi, three plots at Itangihal and one plot at Takke in Vijayapur Taluka and District. Totally the petitioner has purchased 8 plots in Vijayapura taluk. Therefore, respondents are constrained to file a petition before the Family Court seeking maintenance at Rs.25,0000/- per month to the 1st respondent and Rs.15,000/- per month to the 2nd respondent, since they have no means to maintain themselves.