RAVEESHA Vs. N. SHOBHA AND ORS.

JUDGEMENT

(1.) This revision petition is filed under Section 19(4) of the Family Court Act challenging the order dated 11th August 2014 passed by the V Additional Principal Judge, Family Court, Bangalore directing the revision petitioner to pay monthly maintenance of Rs.5,000/- to each of the respondent Nos. 1 to 3 herein from the date of petition.

(2.) Revision petitioner is the husband, respondent No.1 is his wife, respondent Nos. 2 and 3 are the children born out of wedlock between revision petitioner and first respondent. Petition under Section 125 of Cr.P.C. was filed by the first respondent wife along with her two minor children seeking maintenance contending inter alia that marriage between revision petitioner and the first respondent was solemnized on 10.05.2001; after marriage both of them lived together in the matrimonial home; first respondent gave birth to petitioner Nos. 2 and 3; her husband started ill-treating her; he was not providing any basic needs. Her husband pledged the gold ornaments belonging to her though he was having landed properties and was owning she buffaloes and was getting income of Rs.50,000/- per month; he refused to look after the needs of the wife and her children; she was forced to stay separately on account of the ill-treatment meted out by him and was constrained to seek monthly maintenance for herself and school going children.

(3.) The petition was resisted by the husband denying the allegations of ill-treatment and demand of dowry, etc. However, he admitted solemnization of marriage and birth of two children from the wedlock. It was urged by him that his wife left the matrimonial home with her children without his knowledge and started staying with her parents at Koudlay Village in Koppa Hobli, despite several attempts made to persuade her to come back to the matrimonial home, she refused on account of her adamant attitude. He further contended that his wife had already filed M.C.No.2534/2008 before the I Additional Family Court, Bangalore seeking dissolution of marriage, which petition was contested by him. He has urged that though the matter was referred to mediation and although his wife initially agreed to join him, she later refused to join him and thereafter the present petition has been filed. He has denied the assertions made by the wife that he owned landed properties and she buffaloes from which he was earning income of Rs.50,000/- per month. He further contended that his wife had several sources of income; she was an educated lady whereas he being an illiterate person was not in a position to pay any money towards maintenance of his wife and children.