LAWS(APH)-2022-12-24

YELLUMAHANTHI MALLESWARA RAO Vs. YELLUMAHANTHI DHANA LAKSHMIU

Decided On December 26, 2022
Yellumahanthi Malleswara Rao Appellant
V/S
Yellumahanthi Dhana Lakshmiu Respondents

JUDGEMENT

(1.) This Criminal Revision Case is filed by the petitioner, who is the respondent in Maintenance Case No.1 of 2005, on the file of Additional Judicial Magistrate of First Class, Parvathipuram, questioning the order, dtd. 29/4/2009, whereunder the learned Additional Judicial Magistrate of First Class, Parvathipuram, allowed the maintenance case filed by the petitioner therein directing the respondent therein and the present revision petitioner herein to pay a sum of Rs.1,000.00 per month to the petitioner therein from the date of petition towards maintenance and Rs.500.00 towards costs of the petition.

(2.) The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

(3.) The case of the petitioner in M.C.No.1 of 2005, on file of the Additional Judicial Magistrate of First Class, Parvathipuram, in brief, is that the petitioner is the legally wedded wife of the respondent. Their marriage was performed at Parvathipuram on 25/3/1993. At the time of marriage, Rs.50,000.00 towards dowry and Rs.25,000.00 towards sare samanulu were given to the respondent. Respondent was also adorned with gold ornaments worth of Rs.50,000.00. The petitioner and respondent lived at S. Kota parents ' house of the respondent. They lead conjugal life for six months. Thereafter, differences arose. Respondent used to harass the petitioner for additional dowry of Rs.50,000.00. He used to beat her and necked out her. She came to her parents ' house and took meager amount of Rs.5,000.00 and Rs.10,000.00 and given the same to the respondent. She bears all the harassment till four years back. Respondent intended to kill her by throwing her in well. Petitioner started harassment and in apprehension of death in the hands of the respondent, she came to Parvathipuram. The respondent did not provide any maintenance to her since the year 2000. Petitioner raised disputes before the elders of S. Kota for maintenance of Rs.3,000.00 per month. Respondent did not follow the advice of the elders and neglected the petitioner. At the time of marriage, he was doing as LIC agent and Peerless Agent. He was running finance business and getting Rs.20,000.00 per month. He has also movable property worth of Rs.2,00,000.00. He is able bodily person to pay maintenance to the petitioner. Hence, she may be granted maintenance of Rs.3,000.00 per month.