SHASHIKALA G. Vs. HANUMANTHARAYAPPA

JUDGEMENT

(1.) The wife filed the present writ petition for enhancement of interim maintenance against the order dated 03.06.2015 on I.A. No. 2 in Crl. Misc. No. 198/2014 on the file of 1st Additional Principal Judge holding concurrent charge of V Additional Principal Judge, Family Court, Bengaluru, awarding Rs. 1,500/- per month as interim maintenance to the petitioner from the date of filing of the application.

(2.) The present petitioner - wife filed Crl. Misc. No. 198/2014 under Section 125 of the Code of Criminal Procedure, 1973, (for short 'the Cr.P.C.') seeking direction to the respondent - husband to pay permanent maintenance of a sum of Rs. 10,000/- per month contending that the marriage between herself and the respondent - husband was solemnized on 25.04.2004 in Vinayaka Kalyana Mantapa, Siddanahosahalli, Bengaluru North Taluk, as per the Hindu rites and customs. The husband - respondent is holding landed properties bearing: Sy. No. 53/2B2 measuring 02 Acres 02 guntas situate at Lakshmipura, Dasanapura hobli, Bengaluru North Taluk; Sy. No. 4/2 measuring 39 guntas situate at Vemmanahalli, Solur hobli, Magadi Taluk; janjar No. 5 measuring 32 * 29, 28 * 15 and 12.1/2 * 43 with tiles building situate at Madanayakanahalli, Dasanapura hobli, Bengaluru North Taluk and janjar No. measuring 40 * 60 with building situate at Motagondanahalli, Solur hobli, Magadi Taluk as per document Nos. 5 to 8 produced before the learned Judge of Family Court. She further contended that she could not maintain herself as she had no independent source of income for her livelihood. The respondent has bounden duty to maintain her. She further contended that the respondent - husband has succeeded to the family properties and getting monthly income of Rs. 20,000/- from the said properties and he is employed in a private firm and getting monthly salary of Rs. 15,000/-. Therefore, she is entitled to maintenance of Rs. 10,000/- per month.

(3.) The respondent - husband filed objections denying the averments made in the petition and admitted the marriage between the parties. He further contended that the petitioner - wife had stayed at matrimonial home only for some time and subsequently, she started picking up quarrel with him and his parents and used to run away to her parental house time and again. He further contended that the petitioner - wife deserted him for more than nine years from 25.05.2005 without any reason and the present writ petition is filed only with a view to harass him. Therefore, he sought to dismiss the writ petition.