AVANNEPPA ALIAS SANNA AVANNEPPA Vs. DRAKSHAYANI AVANNEPA ALIAS SANNA AVANNEPPAT VENKATAPURA AND OTHERS

JUDGEMENT

(1.) Heard the petitioner's counsel and also learned counsel for the respondents.

(2.) The factual matrix of the case is that the respondents herein who are the wife and children of the petitioner herein have filed a petition before the Family Court, Dharwad under Section 125 of Cr.P.C., seeking maintenance amount of Rs. 35,000/-. Inter alia also filed an application seeking monthly maintenance amount of Rs. 20,000/-. The Court below considered the material on record i.e., contents of the petition and also the objections filed by the respondent-husband and considering his admission that he is getting salary of Rs. 8,000/- from the Society, and apart from that 10 acres of land which came to his share and also having Tractor and he also availed crop loan and taking all these aspects into consideration and also he has contended that he has given 2 acres of land as gift and also sold some portion of the property and constructed the house. All these aspects have been considered while awarding maintenance amount of Rs. 5,000/- per month in favour of petitioner No. 1 and also amount of Rs. 2,500/- per month each in favour of petitioner Nos. 2 and 3, in all, the petitioners entitled to a monthly maintenance amount of Rs. 10,000/-. Being aggrieved by the order of the Court below, the petitioner-husband has preferred this writ petition before this Court.

(3.) The petitioner in the petition has contended that the Court below has committed an error in not considering the material on record. The Court below presumed that the petitioner is financially sound and he is able to pay monthly maintenance amount of Rs. 10,000/-, which is on the higher side. Further, awarding of Rs. 2,500/- in favour of the children is also on the higher side and it requires interference of this Court. The finding of the Court below that the petitioner is having sufficient source of income is incorrect and he is not having any other source of income except getting salary from the Society. It is further contended that his mother is bed ridden and cancer patient and used to spend minimum amount of Rs. 20,000/- out of his salary and also taken huge loans from the Banks. Hence, the very maintenance amount awarded by the Court below is erroneous and it requires interference of this Court.