B.PRIYA KUMAR Vs. B.SABITHA

JUDGEMENT

(1.) This criminal petition is filed under Section 482 Cr.P.C seeking to quash proceedings in Crl.R.P.No.47 of 2008 on the file of the Court of I Additional District Judge, Nizamabad.

(2.) The petitioner herein is the respondent in the maintenance case and also in the revision, whereas the first respondent herein is the petitioner in the maintenance case and also in the revision. For the sake of convenience, the parties herein will be referred to as arrayed in the MC.

(3.) The petitioner, who happened to be the wife of the respondent, filed maintenance case under Section 125 Cr.P.C for providing maintenance at the rate of Rs.20,000/- per month against the respondent on the ground that the respondent being the legally wedded husband of her neglected and deserted her without any lawful cause, but it was dismissed, against which the aforesaid criminal revision petition was filed before the District Court by her. As per the record, the respondent having been served with notice, failed to appear before the Sessions Court, following which he was set ex parte. Later the petitioner got herself examined as PW1 and got marked Exs.P1 and P2 in consequence of which the Sessions Court allowed the revision petition granting maintenance @ Rs.8,000/- per month with effect from the date of petition in favour of the petitioner mainly on the basis of Ex.P2, a copy of his salary certificate to the effect that he was drawing salary of Rs.52,000/- by 2003 as the Chief Manager of Baroda Bank.