Under Section 125(2) of the Cr.P.C, a husband has a duty to provide financial support to his wife and children.

JUDGMENT

M. Nagaprasanna, J. - The petitioner is before this Court calling in question order dated 30-11-2022 passed by the V Additional Principal Judge, Family Court, Bangalore on I.A.No.2 in Criminal Miscellaneous No.836 of 2019 directing the petitioner to pay to the respondents Rs.20,000/- as maintenance per month, to be paid to the wife and a four year old child from the date of application.

2. Heard Sri P. Raveendran, learned counsel appearing for the petitioner and Sri E.P.Raghavendra, learned counsel appearing for the respondents/caveators.

3. Brief facts that lead the petitioner to this court, in the subject petition, are as follows:

The petitioner is the husband and respondent No.1 is the wife. Respondent No.2 is the child born on 14-09-2018 from the wedlock of the husband and the wife. After the birth of the child, it appears the relationship between the petitioner and the wife turned sore and the 1st respondent moved out of the matrimonial house and began to live away. On 27-05-2019 the petitioner institutes M.C.No.2588 of 2019 seeking restitution of conjugal rights. The parties to the lis appeared and were referred to mediation; mediation was conducted on several occasions. It appears that the mediation did not bring about a concluded settlement between the parties. The 1st respondent/wife appears to have instituted certain criminal proceedings against the petitioner and his family members alleging offences punishable under Sections 498A and 506 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. After the wife registers the criminal case against the husband and his family members the husband withdraws M.C.No.2588 of 2019 which was filed seeking restitution of conjugal rights and immediately files a petition in M.C.No.6749 of 2019 for dissolution of marriage. After registration of M.C.No.6749 of 2019 the wife registers the aforesaid Criminal Miscellaneous No.836 of 2019 on 12-12-2019 seeking maintenance at the hands of the husband for herself and the child. The Court considering the petition awards maintenance of Rs.20,000/- in all, both to the child and the 1st respondent/wife. It is this order that drives the petitioner to this Court in the subject petition.

4. The learned counsel appearing for the petitioner would contend with vehemence that the wife is not entitled for maintenance as she on her own volition left the matrimonial house and is staying away. She is herself working and earning good salary and is definitely in a position to take care of herself and the child. For the child the petitioner is ready and willing to pay maintenance and not to the wife and would seek either interjection or quashment of the order passed under Section 125(2) of the Cr.P.C.

5. The learned counsel for the respondents refutes to contend that the order impugned is passed considering the materials on record and as such, it may not be interfered with.

6. The afore-narrated facts are not in dispute. From the wedlock, 2nd respondent/child is born who is now 4 years old. The relationship between the petitioner and the 1st respondent/wife on turning sore, several rounds of mediation to arrive at a settlement takes place in a petition filed by the husband for restitution of conjugal rights. On the ground that the wife had registered several complaints against the husband and his family members alleging offences punishable under Sections 498A and 506 of the IPC and the Dowry Prohibition Act, the husband withdrew the petition filed seeking restitution of conjugal rights and immediately files a petition seeking annulment of marriage. It is then the wife files a petition seeking maintenance under Section 125(2) of the Cr.P.C for herself and the child who then was only one year old. The Court considers the application in I.A.No.2 and orders maintenance of Rs.20,000/- per month. While doing so, the Court records that both the parties have filed documents regarding their income and also records that the wife is paying school fe