LAWS(APH)-2012-12-40

PITCHIKA LAKSHMI Vs. STATE OF ANDHRA PRADAESH

Decided On December 24, 2012
Pitchika Lakshmi Appellant
V/S
State Of Andhra Pradaesh Respondents

JUDGEMENT

(1.) This revision is directed against the order dated 13-6-2011 passed in Crl.M.P.No.769 of 2010 in M.C.No.193 of 2003 on the file of the Judge, Family Court-cum-IV Additional District and Sessions Judge, Vijayawada.

(2.) The petitioners are wife and daughter of the 1st respondent. They filed M.C.No.193 of 2003 claiming maintenance. The said M.C came to be allowed on 25- 11-2005 granting maintenance to them at the rate of Rs.2,500/- per month each. Aggrieved by the order, the 1st respondent filed Criminal Revision Case No.2091 of 2005. The revision came to be disposed on 20-9-2010 reducing the maintenance from Rs.2,500/- to Rs.1,750/- to wife and from Rs.2,500/- to Rs.2000/- to the daughter. The 1st respondent failed to pay maintenance as ordered in Criminal Revision Case. Therefore, the wife and the daughter filed Crl.M.P.No.769 of 2010 under Section 125(3) and 128 of Cr.P.C seeking arrears of maintenance of Rs.2,85,600/-. Since the 1st respondent failed to pay the arrears, the learned Judge of the Family Court committed the 1st respondent to civil prison for one month or till payment of arrears whichever is earlier, by order dated 13-6-2011. The wife and the daughter filed this revision assailing the order dated 13-6-2011 limiting the period of imprisonment for one month only.

(3.) Notice to the 1st respondent came to be ordered on 20-12-2011. The 1st respondent entered appearance through a counsel.