NAGARAJA Vs. KUMARI

JUDGEMENT

(1.) passed by the first appellate Court in Crl.A.135/2016 passed by Principal District and Sessions Judge, Chikkamagaluru dated 26.07.2016. Whereunder, the order passed by Additional Civil Judge and JMFC at Tarikere in Crl.Misc.648/2014 dated 24.08.2015 was confirmed.

(2.) I have heard the learned counsel for the petitioner, learned counsel for the respondent-wife remains absent.

(3.) It is the submission of the learned counsel for the petitioner that both the Court below without considering the material placed on record and without considering the actual income of the petitioner has awarded the monthly maintenance of Rs. 3,500/- per month as such the impugned order is liable to be set aside. He further submitted that first appellate Court is a fact finding Court, without application of mind has confirmed the order of the trial Court. He further submitted that the petitioner is ever ready and willing to take her back, but, respondent-wife without just cause has refused to live with the petitioner-husband. This aspect has not been properly considered and appreciated by the trial Court. He further submitted that the maintenance which has been granted is on the higher side and on these grounds the maintenance has to be reduced which has been granted by the trial court. On these grounds, he prayed to allow the petition and to set aside the impugned Order passed by the Court below.