High Court Karnataka High Court

Sri S Anbarasu S/O B Srinivasan vs Smt V Saritha Kumari W/O S Anbarasu on 10 December, 2009

Karnataka High Court
Sri S Anbarasu S/O B Srinivasan vs Smt V Saritha Kumari W/O S Anbarasu on 10 December, 2009
Author: S.N.Satyanarayana
_ 1 _
IN THE HIGH COURT OF KARNATAKA AT BNVGALORE
DATED THIS THE 10'" DAY OF DECEMBER 2009

BEFORE

THE HONBLE MRJUSTICE s.N.sATYANARAjg'g;§$IA5''ej'--.e: -.

RPFC.NO. 109 [ 2008

BETWEEN:

Sri S.Anbarasu,

S/0 B.Srinivasan,

Aged 39 years,

Working as Agricultural  
Development Officer,  ' _
Now working as Agricuituxal Ofiicerk '
R/0 Errappanayakan0o'r.__ Ellage,  V  ~
Madaraha11iP0st,  *   V
Pochampalli Taluk,
Dharrnapuri Dismct _  _  - 

[Now Krishnagiri1?isu1c%.1 %    

TAMIL   "    . ...1'ETI'.l'IONER.

(By  Adv.)

AND:

" *  _ASmf,,V*..'3,_a;itha Kuzn-am-;'
 W/Q S.A-nbarasu,
' L 1),' Q "C..V'e»rik_é1tesh,
"Ag'e'rj: 28*Y'e.ars,' ' V » 

R/Q No.3, Né_§.ve:Cr0ss Road,
I Floor, Chikkamarahalli,

 _ 3 Bangalore; 560 040,
 _ New r/av--~N0.89, II} Cross,
» . _' " Hirriagiri Meadows, Gottigere,

Bannerghatta Road,

E  BANGALORE - 560 033.  RESPONDENT.

{Respondent -- Served)



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This RPFC is filed 11/ 8 19(4) of the Family Courts Act,
against the Judgment and Decree dated 23.08.2008 passed
in C.Misc.No.1l 1/05 on the file of the Principal Judge,
Family Court, Bangalore, allowing the petitioner filed 11/8
125 of Cr. P.C. for maintenance.

This RPFC coming on for hearing this day, the Court
made the following: 1 

O R D E R

This revision petition is fi1e.d~~by4 th_e.V”resiponde,ntV kl

husband challenging the order dated :3;3;8.2e08

C.i\/Iisc.No.i11/2005 on ine”i’i’1’e._ of the Pfiiicipfiag…_,,,I.:,:iige,

Family Court, Bangalore, wherein:’claiin of.’p’eiitioner under

Section 125 of CI’.P.C forV:i;ngintenanceV”iis’allowed awarding

mainteiianceii i{aiej of i§e;6′,o00/– per month and

Rs.2,000–/ Q ‘towardsinllitigatioil expenses.

2’. in this . proceeding, the parties are referred to by

‘ in the trial Court.

facts leading to this appeal are that petitioner

‘;_yV.Saiuitha3_ Kumari and respondent S.Anbara-su are legally

A i~:if”‘.fiVedded husband and wife, their marriage was Celebrated by

elders in their family on 13.11.1997, immediately after

L/V/L/la

marriage matrimonial house was set up in

Errappanaikanoor viliage, Madarahaiii Post, Pochainfiaili

Taluk, Dharmapuri District now Krishnagiri

Nadu, petitioner ~«~ Wife lived in matrimonia1_hr)u:sev her”

husband up to 31.12.1987. ‘I’I:1erea;t’ter,_:she ‘igft’Am;§tri:n§fi:gi”f

home never to come back again. It isgthe casefiof. petitioner

that marriage between and was
conducted by paying -. 550
grams of gold ornaments for diesel
Bullet motor cycie, later into demand for
Maruti by her Parents
spendingba oi Maruti Car was not
given respondentgwg and iii treating her and

her parentsi.”‘responVdent tried to comrnit murder of petitioner

~._by kerosenxmon her on one occasion and again

tpusning.he;”‘~into Well on another occasion with a View to

coerce her’t4:;g;et more dowry and finaily she was thrown out

of houseon 31.12.1997. It is the case of petitioner that her

A Cfatteinpts to rejoin her husband failed, hence she is Iiving

‘ her parents. According to her, her husband fiied a

we

.. 4 ..

petition seeking decree for divorce dissolving marriage
between herself and respondent by filing 1V[OP.No.3/2003 on
the file of Principal Subordinate Judge, Krishnagiri, she does

not have any avocation and there is no other person to”-take

care of her, she requires a sum of Rs.10,000/– , her

is gainfully employed as Agricultural Development

Tamil Nadu drawing salary of R§3.>I8;OO&0f’e–, V

father is a retired Head Master gettin:’g._lrr1ontl*ily

Rs.8,000/-, respondent ‘–his._pbfather l’

measuring about 30 acres wi1e1″eing’«there are 10002 yielding

Coconut trees and 50 Mango fruits, they are

also cL3.ltiyafing. etciflrespondent and his father
have fiVe–.ho«use .invi:{;ri-shiiagiri, Mathur and Uthanagiri,

resporidenttis ” a.V_’suh.sta~ntia1 person capable of paying

sum of ‘Rs–.—-l’0,000/– towards maintenance to her.

piienced, ‘petiiionvfor maintenance.

in the said proceedings, respondent entered

T’a.ppeara’nce, filed his objection statement, wherein he

adiintted relationship, date of marriage, however, denied all

…c.ther allegations made against him regarding demand for

(“””\

.. 5 ..

dowry, attempt to murder petitioner, he has also denied the

averment made regarding his income, income of his parents

and aiso particulars regarding the assets heid by the family.

It is the case of respondent that during their in V.

matrimonial house as husband and wife together

was not consummated, they did not havethe relartioriship’

husband and wife at any point of time, it

5. The said matter went’i’s».,into
examined herself as marked
documents Ex.P1 and Piia}~i~.’iier’..case, whereas,

respondent produced and

markectdocurnents. “to RI 7.

6. appreciation of pleadings, evidence on record

and ‘after hearingicounsel for parties the trial Court has

thempetitionefs prayer and awarded a sum

, –V pcr”month as maintenance and another sum of

.3’towards litigation expenses payable by

it.”4″-..V:”‘res,pon.dent. The respondent being aggrieved by the said

“H

order has come in this revision petition challenging the

correctness of the said order.

7. In this proceeding, petitioner who V’

herein is duly served, despite service of ‘n’o?ice, sheV:ha_sVfaiIed”‘.

to appear either personally or gpthrouzgh :Counse1;v_tA The

trial Court record is summoned;–ve.p”er,used the as V

the pleadings in this Vrevgisign.-petition;__heard”‘Co1insel for
respondent — husband, This Qourt
finds that the :foi’lov’ri..ng ‘_forv’consideration in this

appeal. d it

1) Co’ur*.– was justified in awarding
».’to.::pet1tioner–w1fe, when she has
already order for maintenance by family

»

l évheiiier the trial Court has looked in to all the
and pleadings pertaining to earlier
between the parties while awarding

maintenance to the petit1o:1er–w1fe’?

3) What Order’? em,’

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This Court after hearing the parties proceeds to

answer the point Nos.) and 2 in the negative and point No.3
as per the final order by allowing this appeal for the following

I’€E1S0l’lS.

8. In the light of earlier round of litigation =

petitioner and respondent in Various Courts V’

and Madras High Court at Chennai~it.isg is Ru

suppression of material facts by be_fore

Admittedly, marriage has place onl, * it

petitioner -»~ wife lived with respondentg only “fo.r_a_tew days
intermittently from 13. I1. , on which day

she leftavmatrirnolnialidliousel’permanently. Subsequent to wife
walking out house, respondent/husband

attempts” todget her back by sending mediators from

this which was not entertained by wife and her family

notice is also issued by husband to

wife’;««.wlo.erein’ it is clearly stated that petitioner did not stay

. _”i:1 izlatrirnonial house for long time and even in a short span

it . golf’ 1 -and 1/2 n1onth’s stay on several occasions she went to

her parents house and did not stay with her husband in

‘”W\

matrimonial house. Prior to petitioner fiiing
C.1VIisc.111/2005 before the trial Court, respondent ~

husband filed a petition under Section 9 of the Hindu

Marriage Act seeking restitution of conjugal

his wife on 20.7 .1998 on the fiie of Court V’

Judge, Krishnagiri, in which a counter is ‘resp.on’dent.. 99

~ wife refusing to join petitioners the ground I

treatment, physical and mentVai_V:ti;rture”i:y_ her * it

has expressed her inability toggwithgi hirn” prayed for

rejection of the petition forlA’re.stitu§ti(.;n.’ofconjugal rights.

9;’ .th:ef:.said-.’proceedind”was pending, she flied a
complaint ‘ Police against her husband

under Sectie1_g1ds.,3 “of.:_i)owry Prohibition Act r/W Section

&_ gallegingyvgiowry harassment. The said complaint

~was.reg_ister.edv in CC.No.4.~93/2001, which went into full-

Hfled.ge’d After trail, husband was acquitted of the

-V cha’rges””V1ev’elled against him by judgmexzt and decree dated

9 Against which a revision petition was filed by

.9 Cr1.RC.No.i442/2002, which was aiso dismissed

“holding that she has not made out any grounds to secure

“””‘\

-10..

any of the documents which are produced by respondent —-
husband to show that marriage between himself and
respondent is not consummated and inspite of his best

efforts she has refused to come and join him. Even Vinthe

petition filed by him at the first instance for restit\utioh_:”of

conjugal rights she has refused to come and join :1’1ivUI’1i’t V’

that there is threat to her life. It is seer;..that’_onVVsim1flar V

which was raised by her before

and in criminal proceeding initiated 280 the * it

petitioner — wife has II1i$(f:I'{:lblyVA,fELil:p{.3d_ to__pro\fe’ ‘thatgthere was

threat to her life from h”ert h.1isbaZf1@i there was demand

for the of Subordinate Judge,
Krishnagiri is confirmed by order dated

30.1(),2003d”~paSsed–. in ‘efR.P.No_1442/2002. When the

–v.._wifeAxhasmiserably failed to establish all these

in.:_procee’dings, which are filed in the Courts in Tamil

the Court, Bangalore ought to have taken

nottce~.of}_that and decided the claim of petitioner on the

ffmerits of the case. “M

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11. In the instant case, the Trial Court has over looked
all the documents on record and has misdirected itself to
take a sympathetic View on the petitioner -~ wife holding that

she does not have any source of income to maintair1″‘heifse1f

and she is entitled to be maintained by her huslziandr, ‘

a permanent employee of Tamil if

salary of more than R,s.14,000/–

certificate that is produced ‘~:t1:earlyl–‘;that r L’

though his salary is take “hoVmeJsala1y is
Rs.3,000/~, which cannot is because, the

deduction of a sum of:.Rs;»10tOf)Qf;–__ refund of GP?

clear1y:’tVdiscloses azlarge of his salary is being
deducted llrepa:j;irne.7:1t of loan. Otherwise, the

husband vlIo’u1d’ have fr-eceitrled a salary of about Rs. 13,000/-

It ‘a——admitted fact that he has his parents

_’living lv’lli;r:n;..both are aged, ailing and need constant

medical It is said that husband himself is a Heart

patienfigvllhelneeds major portion of his income to be spent

A C1’ the medical expenses on himself and his parents, he

‘ has to maintain. the family consisting of himself and his

‘°”””‘\

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parents. Further, there is already an order passed by the

Court of Subordinate Judge, Krishnagiri, in M.C.,

proceedings filed by husband, wherein a sum of Rs.5()0__/_– is

ordered to be paid as maintenance to wife,

confirmed by the High Court of Judicature at: 1 ”

CRP(PD) No.839/ 2005. ‘l’l’1erefore,g~i;hereg is-‘_:no_i

for the trial Court to award

petition filed under Section ‘ . if

12. It is a peculia;’e.ase w’fiere.:’wife~.has noteven stayed
for few days in rr1at1’imionialV1 l1ot_isl’e¢.AA.’~V.VFb1″¥*’%?1″riage is not

consummated,_..she1~.has ..__jo’inj her husband on

severahfalse, flimsy grounds, all of which are
proved false ,.la”-jiroceeding before the Court of

Judicia1rMagisir.ate;ll Krishnagiri and confirmed by the High

‘Court offdiidicature at Madras. Under the circumstance,

“this_ Coujr-t,V’Vce.ij:mot comprehend how such a woman can

anefition under Section 125 of Cr.P.C, when she is

“notg atxalltwilling to perform her obligation as legally wedded

if wife respondent. It is not her case that she is wiiling to

it …li.’:Ie with her husband and discharge her marital obligation

wk

-13,

as a pious wife and her husband is willfully neglecting her.

In this case, she is not Willing to discharge her obligatio_nc.as

legally wedded wife, she has refused to join her _

cohabit with him and provide him the

which he is legally entitled to. Therefore, .:4there’a.’is_’Hno

justification on her part to seel: Inaintenance hecause ,

she holds the status of wife. eveiit;that.’:’status is
recognised by the Cou;;i;’r.(ff “«.Iudgflev,’HKVrishnagiri
and the same is confirrnedvthy of Judicature
at Madras in of RS500/~– per
month for iwould be just and
reasonahleld given circumstance.

When «has neglected to discharge her

obligation as ~legal1y~. wedded wife of respondent, she cannot

~.eXer.ciseg_A–.the.. rightllttrseyek maintenance merely because she

of wife. Under the circumstances, this

Court feels’Vil:”i_h.at in the peculiar facts and circumstances

‘x__petitionerg_ — wife has not made out any grounds to seek

A ‘~lif”niaii:’1tenance from her husband and trial Court is not

i jugstified in awarding any amount to her as maintenance,

“W1

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much less, the sum of Rs!-3,000/~ per month awarded in
C.Misc,111/2005.

13. In the result, the revision petition filed”.by

respondent — husband is allowed, the judgment

dated 23.8.2008 passed in C.Misc.N0. 1 1 I / off _

Principal Judge, Family court, sangai;;r¢;«:s ‘herein? _asiae”‘.

without any order as to costs. _

14. At this juncture, fer’ —

husband who is petitioner that sum of
Rs.60,000/- is deposited arrears of

maintenance and “_’ ~tow§a_rd__,s1itigatiori_ expenses. Since

petitioner –‘_’tvcdfe notthnvbotliered to participate in this
proceeding she any litigation expenses and

in View of the order.”-aifowirig this revision petition and

.,petitioriv»–..fi.led under Section 125 of Cr.P.C in

»C:,Mi_sc._1: i1 respondent –~ husband, who is petitioner

aiierein is to seek refund of arrears of maintenance,

V _ which is._’in’déposit in this Court.

Sd/-r
IUDGE