JAYASHREE Vs. SHIVARUDRAPPA

JUDGEMENT

(1.) Being dissatisfied with the order dated 6.9.2017, the petitioners in Crl .Misc.No.114/2016, on the file of Prl. Judge, Family Court, Dharwad, have filed this revision petition.

(2.) The revision petitioners herein filed petition under section 125 of Crimial P.C. , before the Family Court, Dharwad, seeking maintenance of Rs. 15,000.00 per month each from the respondent. The petitioners have averred in the petition that petitioner No.1 is the legally wedded wife of the respondent and their marriage was solemnized on 6.6.2003 as per Hindu rituals and customs at Dharwad. The 1st petitioner after her marriage joined the company of the respondent in order to lead maritallife and they led their maritallife for a short period and during that period the 2nd petitioner was born on 24.3.2004. The 1st petitioner has further stated that at the time of marriage as per the demand made by the respondent and his family members, the petitioners family members had given 60 grams of gold and dowry of Rs. 50,001.00. Being not satisfied by the same, the respondent and his family members started ill-treating petitioner No.1 demanding additional dowry. The respondent is addicted to bad habits like consuming alcohol and smoking. The respondent and his family members intentionally kicked out the petitioners from their house and the respondent has deserted the company of the petitioneRs. The petitioners without any efficacious and alternative remedy, started living in a rented house at Dharwad by paying monthly rent of Rs. 5,000.00. Therefore the petitioners filed maintenance petition before the Family Court seeking maintenance of Rs. 15,000.00 per month each. The petitioner No.1 has further stated that the respondent is working as Chief TMC Officer in South Western Railways, Hubballi and getting salary of more than Rs. 45,000.00 per month and he is also having his own residential houses at Keshwapur, Hubballi. The mother of the respondent is also getting pension. Therefore the respondent is capable of paying monthly maintenance of Rs. 15,000.00 each to the petitioneRs. On the other hand, the petitioners have no source ofincome for their maintenance. With these averments, the petitioners claimed maintenance of Rs. 15,000.00 each per month from the respondent.

(3.) In response to the notice, respondent appeared before the Family Court and filed his objections. He has admitted that the petitioner No.1 is his legally wedded wife and that the petitioner No.2 is their daughter. He has denied the allegations made in the petition. He has further alleged that the petitioner No.1 being greedy, started to grab money from him to enjoy life along with her parents at Dharwad. The respondent is working in Railway department on day and night shifts. Due to the mental stress and agony, he has undergone bypass surgery on 21.5.2015. The petitioner No.1 has never been in good terms with him since the date of marriage. Now he is aged about 44 yeaRs. He has denied that he demanded and received any dowry and gold ornaments. The petitioner No.1 had previously filed Crl.Misc.No.55/2016 before the Family Court, Dharwad, seeking maintenance and the same was ended with conciliation. He has been paying the school fees of petitioner No.2 as advised by the Court. The petitioner No.1 never cared about his health and other difficulties. Therefore he sought for dismissal of the petition.