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