VIJAYKUMAR BABURAO GURMATKAL Vs. ANNAPURNA VIJAYKUMAR

JUDGEMENT

(1.) BY this appeal, the appellant (henceforth referred to as "husband" for the sake of brevity) challenges common judgment delivered by learned Judge, Family Court, Aurangabad, on 31.1.2003. By the impugned judgment, learned Judge has decided two petitions. Petition No.A.147/2002 filed by husband, seeking dissolution of marriage under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 ("HM Act" for brevity's sake) was dismissed with costs. Petition No.C-30/2002 filed by present Respondent (henceforth "wife" for brevity's sake) seeking maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 ("HAM Act" for brevity's sake) was allowed and the husband was directed to pay Rs.1,000/- per month to the wife towards maintenance with effect from 20.7.2002, the date of filing the application for maintenance.

(2.) THE husband approached the family court with a petition filed on 18.4.2002, seeking divorce on the ground of mental cruelty by the wife. It is submitted that marriage between the parties took place on 16.4.2000 at Kinhi, Taluka Aland District Gulburga. It is the grievance of the husband that the wife never stayed with him for a continued duration, but she always frequented to the place of her parents, according to her wish. Her behaviour was teasing and she used to utter abusive language. She was noncooperative in cohabitation. Her behaviour caused mental torture to the husband. The husband had convened a meeting in the presence of respectable persons from the community, on 28.7.2001. In spite of agreement recorded in writing in the said meeting, the wife did not cohabit with the husband and hence, it is expressed that she may be having some psychic problem. On 3.9.2001, husband gave a notice to the wife, expressing his desire to have divorce by mutual consent. Wife replied the notice and denied contents therein which gave past history. On the contrary, she filed petition under Section 125 of the Code of Criminal Procedure, 1973 in the family court at Gulburga, which was registered as criminal case No.98 of 2001. She is thus, interested only in obtaining maintenance from the husband and harass him by some way or the other. According to husband, possibility of cohabitation has practically come to an end.

(3.) THE wife, on 20.7.2002, presented petition No.C-30/2002, praying for maintenance at Rs.10,000/- per month, under Section 18 of the HAM Act, 1956. Apart from pleadings as in the written statement filed in divorce petition, wife has stated that since the husband drove her out in April 2002, she started living at New Nandanwan Colony, Aurangabad, with her father in a rented house. The father is pensioner and mother is living at Kannur, also in rented house with younger brother and sister of the wife. It is claimed that the husband is serving as a teacher in the central school and getting salary of Rs.14,000/- per month. He is also earning about Rs.1,20,000/- per year, by coaching classes. Husband has denied all the allegations levelled by wife in the maintenance petition, by a written statement therein. After denial of all the allegations, he has come with his specific pleadings in the later half of the written statement and it is on the same line as in petition seeking divorce. So far as the incident of wife reporting matrimonial dispute to Mr.Makhansingh-the chairman of the institute- is concerned, the husband claims that the chairman has helped the wife to take a revenge. She has filed a false complaint on 18.4.2002 against him for offence under Section 498-A of IPC, although at that time she was not staying with him. The husband states that his carry home salary is Rs.7,279/-. He requires to pay Rs.3,136/- per month by way of repayment of housing loan, and Rs.2,411/- per month as instalment for computer purchased. Thus, according to husband, net amount at his disposal for expenditure, is only Rs.1,732/-. He has said that since the wife has filed petition under Section 125 of Cr.P.C. in the court at Gulbarga on 11.10.2001, present application for maintenance may be stayed.