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Judgment
Mohan Shantanagoudar
Petitioner is the husband of respondent No. 1 and father of respondents 2, 3 and 4. Relationship between the parties is not in dispute. Since the petitioner has failed to maintain the respondents, a pettion came to he filed u/s 125 of Cr.P.C. before the Family Court, Mysore in C.Misc.No. 360/2010. In the said matter, interim maintenance of Rs.1,500/- is granted in favour of the first respondent, Rs.750/- is granted in favour of the second respondent and Rs.5,00/- each to respondents 3 and 4.
Learned advocate for the petitioner submits that the petitioner is ready to take back his wife and children and hence respondents are not entitled to interim maintenance.
The said submission cannot be accepted. It is always open fur the petitioner to look after his wife and children cordially, Nobody can prohibit him from doing so. However, the Court below on facts has concluded that the petitioner has deserted the respondents and consequently, the respondents are entitled to maintenance.
The amount of maintenance as awarded by the Court below cannot be said to be on the higher side under the facts and circumstances of the case. Admittedly, respondent No. 1 is the mother of respondents 2 to 4. Respondents 2 to 4 are born out of the wedlock between the petitioner and the first respondent. Respondents are residing separately along with the parents of the first respondent. Having regard to the present days'' cost of living, that too in a City like Mysore, the amount of maintenance awarded by the Court below cannot be said to be on the higher side, having regard to the fact that the petitioner is a petty businessman.
Hence, no interference is called for. Writ petition fails and accordingly the same stands dismissed.