AMBATI VENKATESWARLU Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal revision case was filed by husband under Sec. 397 and 401 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") against the order dtd. 4/4/2009 in M.C. No. 110 of 2008 on the file of the Judge, Family Court at Guntur.

(2.) For the sake of convenience, the parties in this revision are referred to as they were arrayed in M.C. No. 110 of 2008.

(3.) Petitioner filed M.C. No. 110 of 2008 under Sec. 125 of Cr.P.C., seeking maintenance of Rs.4,000.00 per month. In the petition, it was contended that the marriage between the petitioner and respondent was solemnized at Guntur in the year 1970 as per Hindu customs. The marriage is consummated and out of their wedlock, they were blessed with three daughters. All the three daughters were married, but their son passed away. For about 10 years, they lived happily and later, the petitioner came to know that respondent got illicit intimacy with another woman for six years and when the petitioner questioned about the same, respondent used to harass her. It was further stated that since long time, respondent is not providing any maintenance to petitioner and willfully neglected her. The respondent retired as motor mechanic in Guntur Municipal Corporation and got retirement benefits of Rs.10,00,000.00 and constructed two storied building at Nagarampalem. He used to get salary of Rs.12,000.00 per month. The petitioner is unable to maintain herself and she is residing in a house by paying rent of Rs.800.00 per month.