LAWS(KAR)-2018-2-501

SMT BHAGYASHREE AND OTHERS Vs. DR. RAVINDRANATH

Decided On February 28, 2018
Smt Bhagyashree And Others Appellant
V/S
Dr. Ravindranath Respondents

JUDGEMENT

(1.) The present revision petition is filed by the wife and minor daughter of the respondent/husband against the Judgment dated 01.06.2015 made in Criminal Miscellaneous No. 84/2014 on the file of the Family Court, Vijayapur dismissing the claim of the wife and awarding maintenance of Rs. 10,000/- directing both the father and mother to pay 50% of the said maintenance i.e. Rs. 5,000/- per month each from the date of petition till the performance of marriage of the second petitioner Kumari Saptami.

(2.) The Parties are referred to as per their ranking before the Family Court.

(3.) It is the case of the petitioners before the Family Court that on 16-02-2011 the marriage of first petitioner was performed with respondent on 16-02-2011 at Vijayapur as per the Hindu customs and traditions. Out of the wedlock between the first petitioner and respondent, second petitioner was born on 06-02-2014. It is further case of the petitioners that, first petitioner is a MBBS graduate and it was agreed by the respondent to arrange for the post graduation of the petitioner No. 1. After the marriage, they were led marital life about 10 days. Thereafter they went to honeymoon trip. During that time, it was revealed that, the respondent was suffering from kidney defects and also Diabetics. Even then as the petitioner No. 1 and the respondent both are doctors, they continued to lead harmonious marital life. But the mother of the respondent instigated the respondent to demand additional dowry from the petitioner No. 1 and started giving ill-treatment both physically and mentally. Even the respondent has threatened to the petitioner No. 1 not to pursue her M.D., course, otherwise they would perform second marriage of the respondent. But the first petitioner took educational loan and pursued her M.D. course. When the first petitioner came to Bidar to join the respondent, the respondent put a condition that, at any cost the petitioner No. 1 should not talk with her parents, as such the petitioner No. 1 suffered torture both mentally and physically at the hands of respondent and his mother.