Andhra Pradesh High Court
CRLP/2405/2015 of SOMALANKA LEELAVATHI, W.G.DIST. AND 2 OTHRS Vs SOMALANKA SATYANARAYANA AND ANO on 31 December 2020
NINALA JAYASURYA CRIMINAL PETITION No.2405 of 2015 ORDER: (Heard and pronounced through Blue Jeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic.) The present Criminal Petition is filed seeking to set-aside the order dated 01.10.2014 passed in
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HONOURABLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.2405 of 2015
ORDER: (Heard and pronounced through Blue Jeans App (Virtual) mode, since this mode is adopted on account of prevalence of COVID-19 pandemic.)
The present Criminal Petition is filed seeking to set-aside the order dated 01.10.2014 passed in Criminal Revision Petition No.70 of 2013 on the file of the Court of the II-Additional Sessions Judge, West Godavari at Eluru, wherein the order passed by the learned II-Additional Junior Civil Judge, Tadepalligudem in M.C.No.60 of 2008, was modified.
The petitioners herein filed M.C.No.60 of 2008 on the file of the Court of the II-Additional Junior Civil Judge, Tadepalligudem under Section 125 of Criminal Procedure Code (for short ‘Cr.P.C.’) against the respondent, seeking maintenance of Rs.3,000/- per month to each petitioner for their maintenance.
The 1[st] petitioner is the wife, petitioners 2 and 3 are children of the respondent. In the said petition, it was, inter alia, contended that due to some domestic disputes and alleged harassment by the respondent a case was registered against him under Section 498-A of Indian Penal Code (for short ‘IPC’) and the petitioners were living separately and as the 1[st]petitioner was not in a position to maintain herself and her children, maintenance was sought for. In support of their claim, the petitioners got examined P.Ws.1 and 2 and Exs.P.1 and P.2 were marked. The respondent contested the matter by filing counter and got examined R.Ws.1 and 2 on his behalf. The learned II-Additional Junior Civil Judge, Tadepalligudem, after examining the material on record and considering the contentions raised by both the parties, by an order dated 15.05.2013
allowed the petition by granting an amount of Rs.3,000/- per month to each of the petitioners towards their maintenance from the date of filing of the petition. Aggrieved by the said orders, the respondent herein carried the matter by way of Criminal Revision Petition No.70 of 2013. The learned Sessions Judge after considering the orders passed by the learned Additional Junior Civil Judge, by an order dated 01.10.2014 partly allowed the revision by reducing the maintenance from Rs.3,000/- per month to each of the petitioners to Rs.2,500/- per month. Against the said order of the learned II-Additional Sessions Judge, West Godavari at Eluru, the present Criminal Petition is preferred.
This Court has carefully gone through the orders of the learned II-Additional Junior Civil Judge, Tadepalligudem and also the orders passed by the learned II-Additional Sessions Judge, West Godavari at Eluru. While modifying the orders of the learned Junior Civil Judge, the learned Sessions Judge has considered the issue with regard to the quantum and reduced the maintenance amount of Rs.3,000/- to Rs.2,500/- per month to each of the petitioners by taking the income of the respondent @ Rs.15,000/- per month.
Though in the grounds of the revision, a specific plea is raised that the salary of the respondent is more than Rs.32,000/- per month, no material is placed in this regard. In the absence of the same, the contention that the respondent is earning Rs.32,000/- per month, as per the letter of the employer of July, 2014, cannot be accepted. Insofar as fixation of the quantum of maintenance is concerned, the learned Sessions Judge, has taken into account the aspects like, capacity of the respondent, social and other background circumstances, just and
Conclusion
reasonableness of the amount etc., and modified the amount of maintenance to make it 50% of the accepted income of the respondent i.e., 50% of Rs.15,000/- = Rs.7,500/-. However, the learned Sessions Judge having rightly observed that the 1[st] petitioner/wife shall require Rs.3,000/- per month which is equal to Rs.100/- per day and necessity towards food and clothing, necessity towards education expenses are required to be considered is not justified in reducing the amount of Rs.3,000/- as awarded to each of the petitioners per month to Rs.2,500/- per month, when the amount of maintenance granted by the learned Junior Civil Judge is not exorbitant or excessive in the facts and circumstances of the case.
In such view of the matter, this Court finds no justification on the part of the Revisional Court in interfering and modifying the orders passed by the learned II-Additional Junior Civil Judge, Tadepalligudem.
Accordingly, the Criminal Petition is allowed and the order dated 01.10.2014 passed by the learned II-Additional Sessions Judge, West Godavari at Eluru, in Criminal Revision Petition No.70 of 2013, is set aside. Consequently the order dated 15.05.2013 passed by the learned II-Additional Junior Civil Judge, Tadepalligudem, in M.C.No.60 of 2008, is confirmed. There shall be no order as to costs.
As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.
______________________
NINALA JAYASURYA, J.
AKC
HONOURABLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.2405 of 2015
Date: 31 .12.2020