LAWS(APH)-2020-12-174

DEVARAPALLI NANDEEWARI Vs. STATE OF ANDHRA PRADESH

Decided On December 14, 2020
Devarapalli Nandeewari Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The Criminal Revision Case No.122 of 2019 is filed by the husband under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C') aggrieved by the order dtd. 10/12/2018 passed in F.C.O.P.(M.C.)No.228 of 2016 by the learned XIV Additional District and Sessions Judge-Cum- Additional Family Judge, Vijayawada, wherein an amount of Rs.20,000.00 was granted to the minor son whereas the Criminal Revision Case No.82 of 2020 has been filed by wife aggrieved by the very same order wherein her claim for maintenance is negatived.

(2.) The parties shall be referred to as husband and wife.

(3.) The wife has filed an application under Sec. 125 Cr.P.C. seeking maintenance at Rs.60,000.00 per month to herself and Rs.40,000.00 per month to their minor son. The case of the wife is that their marriage was performed on 30/4/2008 and out of their wedlock they are blessed with a son. Her further case is that she along with her son was necked out by the husband on 10/2/2016. As such she has lodged a complaint under Sec. 498-A I.P.C. As the wife was not in a position to take care of herself and the minor child she has approached the Court below by way of filing maintenance case wherein she alleged that her husband is earning an amount of Rs.2,00,000.00 per month besides possessing movable and immovable properties in Bangalore and Hyderabad, worth crores of rupees. But he is intentionally avoiding to maintain his wife and son which is his bounden duty.