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Karnataka High Court · body

2019 DIGILAW 14 (KAR)

Shekhar Naidu S/o. Babu N A v. Ruthamma W/o. Shekhar Naidu

2019-01-02

H.P.SANDESH

body2019
ORDER : 1. The petitioner is the husband and respondents are wife and children of this petitioner and the respondents have filed a petition under Section 125 of Cr.P.C. and the Court has granted interim maintenance of Rs.5,000/-in favour of the respondents herein. 2. Petitioner herein has filed this writ petition challenging the impugned order dated 17.05.2016 passed in Crl. Misc. No.144/2016 on the file of Family Court, Hubballi questioning the very order contending that the first respondent herself has deserted the petitioner without there being any valid reason and this petitioner is working as Gangman in Railway and is carrying on his livelihood with a great difficulty and this petitioner does not have any house or agricultural land. The Family Court judge awarded an amount of Rs.5,000/-as interim maintenance and the impugned order is liable to be set aside on the ground that the said order is not sustainable in the eye of law. 3. However, he contended that he is ready to take his wife to his working place and the respondent is not ready to reside with the petitioner and the respondent is forced the petitioner to stay with his parents residence at Hubballi and this petitioner has to take care of his parents and also brother and sisters and he is also suffering from heart element and the petitioner is getting only the meager income and the salary which he getting is also very meager and he is not having any other sources of income. 4. The petitioner has produced the copy of the petition filed under Section 125 of Cr.P.C. as Annexure-A and also produced objections filed by him in terms of Annexure-B. The petitioner has also produced the copy of the interim maintenance application as Annexure-C along with affidavit and also the petitioner has filed separate objections in respect of the interim maintenance application. The Family Court vide Annexure-E passed an order invoking under Section 125(1) of Cr.P.C. and granted maintenance of Rs.5,000/-in respect of the wife as well as two children i.e. daughter and his son. The Family Court vide Annexure-E passed an order invoking under Section 125(1) of Cr.P.C. and granted maintenance of Rs.5,000/-in respect of the wife as well as two children i.e. daughter and his son. The petitioner has also not produced any documents with regard to his salary and only he contends that he is getting meager salary and on perusal of the order impugned, the Court while considering the interim maintenance application in para No.4 has made an observation that the petitioner/respondents have not produced any salary certificate or any other documents to show the avocation and income of the petitioner. However, he is directed to pay the maintenance of Rs.5,000/-per month. 5. The petitioner herein did not dispute the fact that he is an employee of Railway Department and working as Gangman and also the petitioner has not produced any records to show his salary and his main contention is that the first respondent herein herself has deserted the petitioner and she is not ready to come and stay along with the petitioner and this aspect has to be considered while considering the matter on merit and not at this stage and having considered the matter that the quantum of the maintenance awarded by the Family Court, Hubballi that too for his wife and two children Rs.5,000/-, I do not find any reasons to interfere with the order of the Family Court and there are no grounds to entertain this petition and hence I pass the following: ORDER The petition is dismissed.