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2022 DIGILAW 1186 (KAR)

Pandu v. Sheshamma

2022-09-08

M.G.S.KAMAL

body2022
JUDGMENT 1. The present petition is filed by the husbandpetitioner aggrieved by the order dtd. 25/10/2018 passed in Crl.Misc.No.225/2018, by which the Prl. Judge Family Court, Raichur has directed the petitioner herein to pay maintenance of Rs.5,000.00 per month to his wife respondent herein from the date of petition till her life-time. 2. Brief facts of the case are that; the respondent-wife filed the above petition under Sec. 125 of Cr.P.C. before the Prl. Judge Family Court, Raichur seeking direction to the petitioner-husband for payment of maintenance contending interalia that her marriage with the petitioner-husband was solemnized about 36 years ago and three daughters and a son were born to them. The petitioner-husband has subjected her to physical and emotional harassment. That the petitioner-husband has neglected to provide her maintenance and for the past 13 years she has been living separately. That respondent-wife has performed marriages of her three daughters without the help of petitioner-husband. Petitioner-husband is addicted to bad vices and he has contracted the second marriage with one Yankamma without knowledge and consent of respondent-wife. That respondent-wife is not able to maintain herself and she has no source of income. That petitioner-husband is having about 8 acres of land and getting Rs.8,00,00.00 income per annum. Hence, she sought for direction for maintenance. 3. Notice in the matter was apparently served on the petitioner-husband through the process. Despite service of notice, he remained absent and he was placed ex-parte. 4. On considering the pleadings and evience of the petitioner, the Family Court allowed the petition directing the respondent-husband to pay maintenance of Rs.5,000.00 per month to the petitioner-wife from the date of petition till her life time. Being aggrieved by the same, the petitioner-husband is before this Court. 5. Learned counsel for the petitioner-husband reiterating the grounds urged in the petition submits that no notice of the petition was served on the him and that he was not in a position to appear and defend in the matter which resulted in passing of the ex-parte order. That he has excellent case on merits and an opportunity be given to him which would meet the ends of justice. 6. That he has excellent case on merits and an opportunity be given to him which would meet the ends of justice. 6. On the other hand, learned counsel for the respondent-wife submits that notice was duly served on him through the police and having received the notice, he has deliberately not appeared before the Family Court, no irregularity or infirmity can be found with the order passed by the Family Court. Though the order has been passed in the year 2018, he not paid a single paisa to the respondent-wife till now. Thus, he submits that petitioner-husband is not entitled even for an equitable relief. Hence, seeks for dismissal of the petition. 7. Heard the learned counsel for the parties and perused the records. 8. The cause title of the petition reveals that both the petitioner and respondent are over and above 55 years of age. They have lead considerable length of martial life. They were also blessed with three daughters and a son. It is unfortunate that at this point of time, they had get into this stalemate. 9. Be that as it may. Since the respondentwife has alleged that petitioner-husband has neglected her and he has contracted second marriage and at the instigation of second wife he is causing her further trouble, which allegations the petitioner-husband denies and submits that he did not have opportunity either to rebut or defend the said allegations resulting in the impugned order. Considering the overall facts and circumstances of the matter, this Court is of the considered opinion that an opportunity be provided to the petitioner-husband to appear and file objections and lead rebuttal evidence, if any, subject to condition that, he shall pay interim maintenance of Rs.3,000.00 per month to the respondent-wife from the date of petition till its disposal in accordance with law. The arrears of maintenance amount calculated at Rs.3,000.00 per month shall be paid within a period of two months from the date of receipt of copy of this order. The petitioner-husband shall be entitled to file objections, defend the matter and lead any evidence subject to payment of the said arrears of maintenance. 10. With the above observations, the following; ORDER (a) The petition is disposed of. (b) The order dtd. 25/10/2018 passed in Crl.Misc.No.225/2018, by the Prl. Judge Family Court, Raichur is set aside. The petitioner-husband shall be entitled to file objections, defend the matter and lead any evidence subject to payment of the said arrears of maintenance. 10. With the above observations, the following; ORDER (a) The petition is disposed of. (b) The order dtd. 25/10/2018 passed in Crl.Misc.No.225/2018, by the Prl. Judge Family Court, Raichur is set aside. (c) The Family Court is directed to provide an opportunity to petitioner husband to appear and file objections and to lead rebuttal evidence, if any, in the matter. (d) The petitioner husband shall pay the interim maintenance of Rs.3,000.00 to respondent from the date of petition till the disposal of the petition by the Family Court in accordance with law. (e) The arrears of maintenance amount calculated at Rs.3,000.00 per month from the date of petition shall be paid within a period of two months from the date of receipt of copy of this order. (f) Since the parties are represented by their counsel, they shall appear before the Prl. Judge, Family Court, Raichur on 26/9/2022 without further notice.