MAHADEVI @ MAHADEVAMMA Vs. BASWANTHRAO B SAPPANDI

JUDGEMENT

(1.) The parties are referred to as per their ranking before the Family Court.

(2.) The alleged wife and daughter/petitioners filed this revision petition against the order dated 21.07.2016 made in Crl.Misc.No.116/2013 on the file of the District Judge Family Court at Kalaburagi, awarding maintenance of Rs.2, 500/- per month to the petitioner No.2 from the date of petition till her marriage for enhancement and rejecting the maintenance to the petitioner No.1-wife.

(3.) It is the case of the petitioners/wife and daughter before the Family Court that, petitioner No.1 is married with the respondent in the year 1978 and she has three children out of their wedlock by name Nagraj, Anand and Swetharani. The daughter petitioner No.2 unmarried. The respondent has contracted second marriage after about 4-5 years of marriage with petitioner No.1. The same came to the knowledge of petitioner No.1 only in the month of January 2012 and on enquiry she came to know that respondent is residing with second wife Chandrakala. He has not joined the company of petitioners and he has not made any arrangement for providing maintenance. It was further contend that the respondent has executed mutual agreement for payment of maintenance of Rs.3, 000/- per month to petitioners on 28.12.2012, but he has failed to pay the same. Therefore, legal notice was issued which was served on respondent, but respondent has not paid the maintenance amount nor replied to the notice. The petitioner No.2 is studying in II P.U. at Gulbarga. The respondent was working as Head Constable and after retirement he is drawing pension of Rs.11, 000/- per month. The petitioner No.1 is not earning member. Therefore, they have filed petition under Section 125 of Cr.P.C. for maintenance.