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IN THE HIGH COURT OF KARNATAKA

DHARWAD BENCH

DATED THIS THE 5^TH DAY OF APRIL 2021

BEFORE

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

R.S.A. NO.100630/2020

BETWEEN

SMT SHOBHA W/O BALAKRISHNA SAWASE,

AGE: 29 YEARS, OCC: HOUSEHOLD WORK,

R/O: RAHIMATPUR BIDARI, TQ: JAMKHANDI,

DIST: BAGALKOTE-587101.

.....APPELLANT

(BY SRI SRINAND A PACHHAPURE, ADV.)

AND

SRI BALAKRISHNA S/O SAMBHAJI SAWASE,

AGE: 37 YEARS,

OCC: AGRICULTURE and BUSINESS,

R/O: RAHIMATPUR BIDARI, TQ: JAMKHANDI,

DIST: BAGALKOTE-587101.

…..RESPONDENT

(BY SRI GIRISH A YADAWAD, ADV.)

THIS RSA FILED U/SEC.100 OF CPC, AGAINST THE

JUDGEMENT AND DECREE DATED 21.08.2020 PASSED IN

R.A.NO.33/2019 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL

JUDGE, JAMKHANDI, PARTLY ALLOWING THE APPEAL AND

MODIFYING THE JUDGMENT AND DECREE DTD.11.10.2019,

PASSED

IN

O.S.

NO.102/2018

ON

THE

FILE

OF

THE

ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST

CLASS,

JAMKHANDI,

DECREEING

THE

SUIT

FILED

FOR

MAINTENANCE.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY,

THE COURT DELIVERED THE FOLLOWING:

JUDGMENT

The matter is posted for admission however with the

consent of learned counsel for the parties, it is taken up for

final disposal.

This appeal is filed by one Shobha against her

husband Sri Balakrishna. The appeal is directed against

the judgment and decree dated 21.08.2020 passee by the

learned

Prl.

Senior

Civil

Judge,

Jamakhandi

in

R.A.No.33/2009 wherein the judgment and decree dated

11.10.2019 passed by the Addl. Civil Judge & J.M.F.C.,

Jamakhandi was modified in O.S.No.102/2018 against

which the wife has come in appeal.

2.

For the sake of convenience, both the parties

are addressed in accordance with their marital status.

3.

The marriage between the parties is stated to

have solemnized on 03.02.2005 at Vittal Mandir, Adihudi.

At the time of marriage, the parents of wife gave sufficient

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gold of 5 tolas and other household articles and marriage

was performed with an expenditure of Rs.3,00,000/-. The

couple lived together for about 11 years but unfortunately

could not begot any issues. During May 2016, relationship

started getting sour and the wife tolerated all the torture

of the husband. The wife was driven out of the house on

24.05.2016 at 9.00 p.m. The petitioner had to seek

shelter in the relatives house. On the next day, the wife

along with her parents and sister got admitted in the

hospital. A criminal case was registered in Crime

No.114/2016 and charge sheet in C.C.No.459/2006. The

parents of the wife and relatives requested the husband

and his family members not to give torture to Shobha. But

the said efforts went in vain. It is the case of the plaintiff-

wife that the defendant has got illicit relationship with

another lady and for that reason , he is not ready to take

back the plaintiff. The plaintiff-wife claims that she is very

poor and further, poorer are her parents. On the other

hand, the husband is owning 2.33 acres of land in

Sy.No.128/2A and in Sy.No.30/5 to the extent of 2 acres

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and in Sy.No.28/2 at measuring 2 acres 10 guntas in

Chikkalaki village and he is also maintaining 10 buffaloes

and getting monthly income of Rs.10,000/- from the

provision stores. His net annual income is Rs.20,00,000/-.

Therefore, the wife constrained to file suit seeking

maintenance.

4.

On

receipt

of

summons,

the

defendant-

husband appeared and field written statement. He denied

the entire plaint averments and contended that plaintiff

without any reason left the house of the defendant. The

defendant requested many times to join his company to

led matrimonial life but the plaintiff is not ready.

5.

The wife got examined herself as PW-1 and got

marked documents at Exs.P-1 to P-8. The defendant got

examined himself as DW-1 and one witness as DW-2 and

got marked documents at Exs.D-1 to D-6.

6.

On conside