SRIRAMA SANJAY KUMAR Vs. INDANA RAJANI GOWRI

JUDGEMENT

(1.) This Criminal Revision Case arises out of the order dated 11.12.2018 passed in Criminal Revision Petition No.51 of 2018 by the learned VI Additional District and Sessions Judge, Kakinada wherein the said revision was allowed setting aside the order dated 21.02.2018 passed by the learned III Additional Judicial Magistrate of First Class, Kakinada and consequently allowed M.C.No.18 of 2016 granting maintenance of Rs.10,000/- per month to the wife from the date of the petition.

(2.) The case of the petitioner/husband in brief is that initially respondent No.1/wife filed an application under Section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') vide M.C.No.18 of 2016 before III Additional Judicial Magistrate of First Class, Kakinada seeking maintenance of Rs.25,000/- per month from the date of the petition besides claiming costs of Rs.1,000/-. The learned Magistrate has dismissed the same vide order dated 21.02.2018 on the ground that respondent No.1 herein failed to establish that the petitioner intentionally neglected respondent No.1 besides taking other facts into consideration and held that there is no negligence on the part of the husband in maintaining her. Aggrieved by said order the wife has preferred revision before the lower appellate Court.

(3.) The lower appellate Court while allowing the revision has clearly observed that respondent No.1 herein did not place any documentary evidence on record to show that the petitioner herein has immovable property as alleged by her. The relevant portion of the order dated 11.12.2018 is extracted hereunder: