SYED IRFAN Vs. SULTHANA BHEE N.
LAWS(KAR)-2022-6-1301
HIGH COURT OF KARNATAKA
Decided on June 23,2022

Syed Irfan Appellant
VERSUS
Sulthana Bhee N. Respondents

JUDGEMENT

- (1.)Aggrieved by the order passed in Crl.Misc.No.476/2019 dtd. 11/12/2020, the instant petition is filed by the respondent therein. The petitioner herein is the husband. Respondent No.1 is the wife and respondent Nos.2 and 3 are their children. On the allegation that petitioner is not taking care of the respondents, the respondents preferred Crl.Misc.No.476/2019 before the II Additional Principal Judge, Family Court at Mysuru. Despite of service of notice, the petitioner herein failed to appear before the Family Court and he was placed exparte and after hearing the respondents herein, the trial Court has passed the following:-
"ORDER Petition filed by the petitioner No.1 against respondent U/S 125 of Cr.P.C is hereby rejected. Petition filed by the petitioner No.1 on behalf of petitioner No.2 and 3 against respondent U/S 125 of Cr.PC is hereby allowed-in-part. Respondent is hereby directed to pay monthly maintenance of Rs..5,000.00 each to petitioner No.2 and 3 from date of the petition. Respondent is hereby directed to pay the above said maintenance to petitioner No.2 till she gets married or till further order. Respondent is hereby directed to pay the above said maintenance to petitioner No.3 till he attains age of majority or till further order. No order as to cost. Furnish free copy of this order to petitioner No.1 immediately."

(2.)Aggrieved by the same, the petitioner has preferred this petition. It is contended by the petitioner that no notice was served on him in respect of the case filed before the trial Court. It is also contended that he is working as a Constable and his salary is only Rs.27,975.00 and that respondent No.1 is earning much more than him as a Teacher. It is also submitted that he has to care for his parents and he has other liabilities and it is submitted that the amount awarded by the trial Court is excessive.
(3.)The respondents disputes the statement made by the petitioner and justifies the order passed by the trial Court and prays for dismissal of the petition.


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