SHEKHAR NAIDU Vs. RUTHAMMA

JUDGEMENT

(1.) The petitioner is the husband and respondents are wife and children of this petitioner and the respondents have filed a petition under Section 125 of Cr.P.C. and the Court has granted interim maintenance of Rs.5,000/- in favour of the respondents herein.

(2.) Petitioner herein has filed this writ petition challenging the impugned order dated 17.05.2016 passed in Crl. Misc. on the file of Family Court, Hubballi questioning the very order contending that the first respondent herself has deserted the petitioner without there being any valid reason and this petitioner is working as Gangman in Railway and is carrying on his livelihood with a great difficulty and this petitioner does not have any house or agricultural land. The Family Court judge awarded an amount of Rs.5,000/- as interim maintenance and the impugned order is liable to be set aside on the ground that the said order is not sustainable in the eye of law.

(3.) However, he contended that he is ready to take his wife to his working place and the respondent is not ready to reside with the petitioner and the respondent is forced the petitioner to stay with his parents residence at Hubballi and this petitioner has to take care of his parents and also brother and sisters and he is also suffering from heart element and the petitioner is getting only the meager income and the salary which he getting is also very meager and he is not having any other sources of income.