2015 Supreme(Kar) 1291
IN THE HIGH COURT OF KARNATAKA (DHARWAD BENCH)
S. Abdul Nazeer, Budihal R.B., JJ.
Mahadev Vishnu Ghorpade - Appellant
Vs.
Priya and Ors. - Respondents
M.F.A. No. 22411 of 2009 (FC)
Decided On : 23-11-2015
For the Appellant : Hanumanthareddy Sahukar
For the Respondents: T.M. Nadaf
Headnote:HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 - Section 18: [S. Abdul Nazeer & Budihal R.B, JJ] Maintenance - Evidence on record proving that husband was earning Rs.25,000/- to 30,000/- from tailoring shop - Husband was capable to pay maintenance awarded to wife - Award of maintenance to wife at Rs. 5,000/- and to daughter at Rs. 3,000/-, cannot be said to be excessive.
Budihal R.B., J.
1. The judgment and decree passed by the Family Court, Belgaum, dated 20.06.2009 in O.S. No. 32/2002 decreeing the suit of the respondents/plaintiffs has been challenged in this appeal by the appellant, who is the husband of respondent No. 1 and father of respondent No. 2.
2. Brief facts of the case of the parties before the Trial Court;
The respondents herein filed the suit for seeking maintenance of Rs. 5,000/- per month to the respondent No. 1 and Rs. 3,000/- per month to the respondent No. 2, who are the wife and daughter of the present appellant herein. The marriage of the appellant and respondent No. 1 was solemnized on 24.4.1992 at Belgaum. Till 1998 they have led happy married life and in the said wedlock respondent No. 1 gave birth to one son and one daughter-respondent No. 2 herein. There after wards, the present appellant herein started to quarrel with the respondent No. 1 insisting her to bring Rs. 5.00 lakhs from her parents and when the respondent No. 1 pleaded her inability, the appellant started to give mental torture to respondent No. 1 and her parents and abused respondent No. 1 with filthy language and used to assault her by taking drink and she was not provided with proper food and was also confined in a room. Lastly, in the month of April, 2000 during night the appellant took respondent No. 1 to her parent's house and quarreled with her parents demanding money and abused them and assaulted the father of the respondent No. 1 and gave threat to the life of the father of the respondent No. 1 and took back respondent No. 1 with him and continued his ill-treatment saying that unless her parents give him Rs. 5.00 lakhs and a plot at Belgaum, he will not stop ill treatment to respondent No. 1. The father of the respondent No. 1 and elderly persons requested the appellant not to ill-treat respondent No. 1, but the appellant did not heed their advice. On 31.12.2001 the appellant assaulted respondent No. 1 mercilessly and drove her out of the house by keeping son with him saying that unless she brings Rs. 5.00 lakhs and one plot, she will not be taken back. The respondent No. 1 is ready and willing to join the appellant to lead married life, but the appellant is not ready to accept her. The appellant sent a legal notice making false allegations calling upon respondent No. 1 to give her consent for divorce. The respondent No. 1 replied to the said notice and even at that time, she requested her husband to take her back but the appellant flatly refused saying that he has decided to go for a second marriage and he has filed a petition for dissolution of his marriage with respondent No. 1. Hence the respondents have approached the Court by filing the aforesaid suit.
3. The appellant herein filed his written statement denying all the allegations made in the plaint. He has contended that he never demanded Rs. 5.00 lakhs and one plot from the respondent No. 1 wife. He further contend that respondent No. 1 herself was not ready to lead married life with him in spite of his request to come and lead married life. Prior to filing of the suit, all the efforts made by the appellant to take respondent No. 1 were failed. Therefore, the appellant filed suit for dissolution of his marriage in M.C. No. 81/2002 and thereafter the respondents have filed present suit with ulterior motive. He has also denied that he is trying to go for second marriage and that he is getting income of Rs. 25,000/- to Rs. 30,000/- per month and also denied owning of shopping complex and getting rent of Rs. 70,000/- to Rs. 80,000/- and sought dismissal of the said suit.
4. The Trial Court after considering the materials placed on record both oral and documentary evidence decreed the suit awarding maintenance of Rs. 5,000/- per month to respondent No. 1 and Rs. 2,000/- to respondent No. 2. The appellant herein challenged the said judgment and decree in this appeal.
5. We have heard the arguments of the learned counsel appearing for the a