GADELA SARADA Vs. GEDELA RAJA KUMAR

JUDGEMENT

(1.) This criminal revision case was filed by the wife under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the order dtd. 8/7/2011 in Crl.R.P. No. 16 of 2010 on the file of I Additional Sessions Judge, Srikakulam, whereby the learned Sessions Judge modified the order dtd. 8/2/2010 in M.C. No. 40 of 2008 on the file of the Judicial Magistrate of First Class, Rajam reducing maintenance to Rs.5,000.00 per month from Rs.30,000.00 per month.

(2.) For the sake of convenience, the parties in this revision are referred to as they are arrayed in M.C. No. 40 of 2008.

(3.) Petitioner (wife) filed M.C. No. 40 of 2008 under Sec. 125 of Cr.P.C., seeking maintenance of Rs.45,000.00 per month. In the petition, it was contended that the marriage between the petitioner and respondent was solemnized on 18/5/2006. At the time of marriage Rs.8.00 lakhs was given as dowry apart from other panchanams. After the marriage, the respondent, his parents and sisters harassed the petitioner demanding to bring additional dowry. Besides, the respondent used to move closely with a woman by name Budithi Lalitha at his place of work at Bangalore. When the petitioner informed about the dowry harassment and love affair of respondent with the said woman, the respondents and his parents treated her with cruelty and finally, they drove out her from the house in December, 2006 and since then, petitioner is residing at her parents' house. Thereafter the petitioner raised dispute before the elders, but the respondent and his parents did not heed the advice of elders. In the month of March, 2008, the parents of respondent came to Rajam and threatened the petitioner to sign on stamp paper for giving divorce to respondent. On that petitioner gave a report to police. Respondent and his parents obtained anticipatory bail. Petitioner, being lady is unable to maintain herself and she is depending upon the mercy of her parents. The respondent is working as software engineer and getting Rs.2,00,000.00 per month and he is having vast immovable properties and getting Rs.20.00 lakhs of yield on the same. Hence, she filed petition claiming maintenance.