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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19^TH DAY OF JULY, 2021

BEFORE

THE HON’BLE MR. JUSTICE N.K. SUDHINDRARAO

R.P.F.C. No.50 OF 2021

BETWEEN:

Sri.M.B.Guruprasad,

S/o Basavaraju,

Aged about 35 years,

R/o Manuvinakkurike Village,

C.N.Durga Hobli,

Koratagere Taluk,

Tumkuru District – 572 129.

...Petitioner

(By Sri.K.R.Ramesh, Advocate)

AND:

1.

Smt.E.Pushpalatha,

W/o M.B.Guruprasad,

Aged about 28 years,

2.

Yashmitha M.G.,

D/o M.B.Guruprasad,

Aged about 5 years,

Minor, Represented by

N/G Mother Smt.E.Pushpalatha,

Both are R/o 3^rd Cross,

Sriramangara,

Tumakuru City – 572 101.

…Respondents

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This RPFC is filed u/S 19(4) of the Family Court Act

against

the judgment

dated

28.12.2020

passed in

Crl.Mis.No.162/2019 on the file of the I Additional Principal

Judge, Family Court, Tumakuru C/c, allowing the petition

filed under Section 125 of Cr.P.C for maintenance.

This RPFC coming on for Admission this day,

through video conferencing the Court made the following:

ORDER

Though this matter is listed today for admission, the

same is taken up for final disposal, having regard to the

facts and circumstances of the case.

2.

This petition is directed against the order

passed by the learned Principal Judge, Family Court,

Tumakuru in Crl.Misc.No.162/2019 dated 28.12.1990

wherein

the

revision

respondents

were

granted

Rs.10,000/- maintenance.

3.

Before the Trial Court, the petition was filed by

the wife and child against the husband. The revision

petitioner has challenged the order passed by the Family

Court.

4.

In order to avoid the wastage of judicial time,

the

facts

of

the

case

as

narrated

in

the

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Crl.Misc.No.162/2019 are extracted from the certified copy

of the order of the Family as under:

Brief facts of the case:

Petitioner No.1 is the legally wedded wife of the

respondent, their marriage was taken place on

05.09.2010

at

Sri.

Kannikaparameshwari

Kalyanamantapa, Doddapete, Koratagere town

as per Hindu customs prevailing in their

community. The said marraige was registered

before Sub Registrar of Marriage, Tumakuru on

19.09.2014, vide Regd.No.TMK-HM-609/2014-

15 which is stored in C.D. TMKM-14, after the

marriage petitioner No.1 and respondent were

living cordially for a period of two years. Out of

their

wedlock,

petitioner

No.2

born

on

03.09.2019. At the time of marriage as per the

demands of respondent and his family members

parents of petitioner No.1 gave Rs.1,00,000/- to

purchase of cloths, 10 gms ring, 20 gms neck

chain, watch to the respondent and 46 gms

necklace, 8 gms ring, 10 gms ear ring, silver

articles, silk sarees to the petitioner No.1,

further spend Rs.5,00,000/- from her parents to

purchase four wheeler and golden ornaments,

for the same she refused to approach her

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parents, as such he abused and assaulted her,

further he developed the habit of consuming

alcohol and other habits, he used to return to

house late night in a drunken manner, further

refused to maintain her and her child. In the

month of December 2017 respondent assaulted

the petitioner No.1 and thrown her from the

house, later family members of petitioner No.1

made several panchayaths to reunion, but he

has not ready to hear the words of panchas and

refused to take back the petitioners. Hence

petitioner No.1 is residing with her parents along

with her child. She is ill-health, unable to

earning money, petitioner No.2 is studying.

Respondent is working in a MFA Garment

Factory at Tumakuru as Assistant Production

Manager and earning Rs.45,161/- per month,

also having landed properties used to earn

Rs.25,000/- per month, he has own residential

house and he is capable to maintain the

petitioners.

5.

Respondent-husband appeared and contested

the case.