J. VENKATA RAO Vs. J. SURYA PARVATHI

JUDGEMENT

(1.) This criminal revision case is filed against the order dated 24.04.2018 passed in Crl.M.P.No.2260 of 2012 in M.C.No.18 of 1995 on the file of Additional Judicial Magistrate of First Class at Amalapuram.

(2.) The 1st respondent herein filed an application before the Additional Judicial Magistrate of First Class, Amalapuram (for short "Court below") under Section 127 of the Code of Criminal Procedure with a prayer to enhance the maintenance amount from Rs.1,500/- per month, which was granted in Crl.M.P.No.1891 of 2003 in M.C.No.18 of 1995, to Rs,10,000/- per month. The Court below vide order dated 24.04.2018 in Crl.M.P.No.2260 of 2012 has enhanced the maintenance amount from Rs.1,500/- per month to Rs.8,000/- per month from the date of the petition. Questioning the same, the petitioner is before this Court.

(3.) The case of the 1st respondent is that the father of the petitioner used to look after the petitioner and her daughter and with the help of her father, the petitioner has also performed the marriage of her daughter as the respondent did not extend any curtsey and failed to perform his bounden duty. It is stated in the petition that her father recently died and she has been residing in a rented house, even the amount that is granted to the petitioner i.e., an amount of Rs.1500/- was meagre amount and it was not paid by the petitioner regularly. It is stated that the petitioner is earning an amount of Rs.30,448/- as net salary, to that effect, Ex.P1 salary certificate was marked. In the Court below, the respondent therein filed counter denying the averments in the petition wherein he stated that he is not aware of the marriage of his daughter and he stated that he is getting net salary of Rs.20,000/- per month and claiming of the maintenance amount of Rs.10,000/- by way of enhancement is highly excessive and exorbitant.