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2018 Supreme(Kar) 1100

IN THE HIGH COURT OF KARNATAKA BENCH AT KALABURAGI
B. VEERAPPA, J.
Smt. K.V. Padma W/o. K.S. Vasu - Petitioner
Versus
Sri K.S. Vasu S/o. K.G. Subramalu - Respondent
RPFC No. 200060 of 2017 C/W RPFC No. 200070 of 2017
Decided On : 21-03-2018

Advocates Appeared:
For the Petitioner:Sri. Prakash S. Maisalgi, Advocate.
For the Respondent:Sri. M.A. Jagirdar, Advocate.

Headnote:CODE OF CRIMINAL PROCEDURE, 1973 [C.A. No. 2/1974] - Section 125(1)(a) - Maintenance - Wife specifically stated that her husband worked as Clerk and along with salary, also earned agricultural income - Husband thus alleged to have sufficient source to maintain wife - Plea of husband that he earned meagre salary, not sufficient to maintain himself and his old aged parents - Salary slips of husband clearly indicated his salary to be Rs. 70,000/- per month and after deductions he got Rs. 35,000/- in-hand salary - Husband unable to prove any source of income of his wife, as alleged by him - Husband was directed to pay Rs. 9,000/- per month to wife as maintenance.

ORDER :

The parties are referred to as per their ranking before the Family Court.

2. The revision petition No.200060/2017 is filed by wife for enhancement of maintenance and revision petition No.200070/2017 is filed by husband for reduction of the maintenance amount against the order dated 28.03.2017 made in Crl.Misc.No.83/2015 on the file of District Judge Family Court at Kalaburagi awarding maintenance of Rs.9,000/- per month to the wife from the date of petition.

3. It is the case of the petitioner/wife that, marriage of the petitioner with respondent-husband was solemnized on 18.05.2006 at Neelambika Kalyan Mantap Kalaburagi as per the Hindu customs. At the time of marriage 30 tola gold, cash of Rs.3,50,000/- and 500 grams silver and house articles was given to the respondent-husband as dowry demanded by the respondent-husband. It is further case of the petitioner/wife that on 21.05.2006 petitioner went to the house of respondent and started residing in the said house. The respondent-husband was listening to say of his mother, sister and started quarreling with petitioner saying that he was not interested in marrying her and he was forced to marry her. Respondent and his family members have ill-treated the petitioner asking her to bring sufficient dowry as per their status. They were also alleging that petitioner was not cooking properly and she does not know household works. The respondent has assaulted and abused the petitioner on several occasions. They did not provided medical treatment when she was sick. She was not given basic needs such as food, medical aid during her stay in the respondent’s house. The marriage of brother of respondent took place in the month of Febraury-2007, at that time the mother-in-law of petitioner has demanded five tolas gold for respondent. The father of the petitioner has taken loan from others and handed over it to the mother-in-law of petitioner for purchasing gold. The family members of the respondent also ill-treated the petitioner by saying that petitioner is unable to give birth to child. Petitioner had come over to her parents house for taking treatment in respect of conceiving. At that time they have spent about Rs.4,00,000/- for her medical expenses. Respondent and his family members are not bothered to pay the amount or to inquire about the health of the petitioner.

4. It is further case of the petitioner that, she has been sent out of the house by respondent on 26.12.2010. Thereafter several attempts have been made by petitioner to rejoin the respondent but they have refused to take her back. She further contended that respondent is working as clerk in Kotak Mahindra Bank, Degal Madi Branch Tq: Chincholi District Kalaburagi and is getting salary of Rs.60,000/- per month. He is also having landed property and getting income of Rs.2,00,000/- to Rs.3,00,000/- per annum from agriculture. Respondent has sufficient income to pay the maintenance. Hence, petitioner has filed petition for maintenance of Rs.25,000/- per month under Section 125 of Cr.P.C.

5. The respondent filed objections admitting the relationship between the petitioner and respondent as wife and husband. He denied other allegations made in the petition with regard to dowry. He also denied the harassment as alleged in the petition. He contended that he is getting take home salary Rs.15,000/- per month, after mandatory deductions made by the employer. The father of the respondent is aged about 70 years and mother is aged about 60 years, both are suffering from ailment and require Rs.10,000/- per month for their medical expenses. The respondent is working as clerk in Kotak Mahindra Bank branch Degal Madi Tq: Chincholi which is at a distance of more than 500 km. from Bellary and it requires Rs.5,000/- once in a month. The respondent is unable to maintain his parents properly with his meager salary. Therefore, it is not possible to pay maintenance to petitioner. He further stated that petitioner has completed M.A. Degree and she






























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