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Matam Chandrasekharaiah vs M.Sukanya The State Of A.P.
2021 Latest Caselaw 4344 Tel

Citation : 2021 Latest Caselaw 4344 Tel
Judgement Date : 15 December, 2021

Telangana High Court
Matam Chandrasekharaiah vs M.Sukanya The State Of A.P. on 15 December, 2021
Bench: G Sri Devi
              HONOURABLE JUSTICE G.SRI DEVI

         CRIMINAL REVISION CASE No. 1698 of 2007

JUDGMENT:

The present Criminal Revision Case is filed under Sections

397 and 401 Cr.P.C., aggrieved by the order, dated 03.03.2006 in

M.C. No. 64 of 2005 on the file of the Judge, Family Court at

Secunderabad.

The facts, in issue, are as under:

The respondent No. 1 herein filed M.C. No. 64 of 2005 under

Section 125 Cr.P.C. against her husband, petitioner herein,

alleging that her marriage with the petitioner took place on

27.05.1982; at the time of marriage, her parents presented net

cash of Rs.25,000/- as dowry apart from household articles worth

Rs.25,000/-. After the marriage, for some time, they lived happily

and as there were no issues out of their wedlock, the petitioner and

her in-laws started harassing her demanding divorce. On many

occasions, the petitioner and his family members necked her out

from the house and due to intervention of the mediators, they used

to compromise. As the petitioner used to beat her severely, she

came to her mother's house. She claimed that the petitioner is

getting income of Rs.1,00,000/- from agriculture apart from that

he is earning an income of Rs.15,000/- per month and also getting

an income of Rs.10,0000/- per month from the partnership firm

'Pallavi Traders' at Gadwal. Therefore, she claimed an amount of

Rs.5,000/- per month towards her maintenance. On the other

hand, the petitioner, denied the claim of the wife-respondent No. 1

and stated that he is only earning a sum of Rs.1,000/- being

dealer of a Fair Price Shop.

The Court below considering the respective pleadings and

the evidence brought on record, granted a sum of Rs.1,500/- per

month to the wife towards maintenance from the date of petition.

Aggrieved thereby, the present revision by the husband.

Heard both sides. Perused the material available on record.

As seen from the record, the petitioner himself admitted

before the Court below that he is a Fair Price Shop Dealer.

However, he has stated that he is earning only an amount of

Rs.1,000/- per month, which is highly unbelievable. As against

the claim of the wife for an amount of Rs.5,000/-, the Court below

has granted an amount of Rs.1,500/- per month, which is, in fact,

a meagre amount to maintain herself. In the circumstances, I do

not find any ground, with the impugned order passed by the Court

below, warranting interference by this Court by way of this

revision.

Accordingly, the Criminal Revision Case is dismissed.

Miscellaneous petitions, if any, pending shall stand dismissed.

____________________ JUSTICE G.SRI DEVI 15-12-2021 tsr

HONOURABLE JUSTICE G.SRI DEVI

CRIMINAL REVISION CASE No. 1698 of 2007

DATE: 15-12-2021

 
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