MADDINA SUBBAMMA Vs. MADDINA VENKATESWARLU AND STATE

JUDGEMENT

(1.) The petitioner is the wife of the 1st respondent. She filed M.C.No.46/87 in the court of the II Additional Munsif Magistrate, Bapatla, for grant of mantanance. It was opposed by the 1st respondent on the ground that he obtained a decree for restitution of conjugal rights and that the petitioner is not entitled to the grant of maintenance, as she refused to join him as per the decree of the Court.

(2.) The learned II Additional Munsif Magistrate, Bapatla, allowed the petition holding that there are justifiable grounds for the petitioner to stay away from the 1st respondent and that she was afraid of the 1st respondent as there was no security to her life in his hands. He further held that the 1st respondent abused the petitioner in filthy language. The learned Magistrate found that the 1st respondent is possessed of 6 acres of land yielding an income of Rs.25,000/- per year and that the petitioner has no property whatsoever and that she has no means or ability to maintain herself. On finding that the 1st respondent drove out the petitioner and did not try to provide any maintenance to her, the learned Magistrate granted maintenance @ Rs.200/- per month.

(3.) The revision filed by the 1st respondent in C.R.P. No.86/1990 was allowed by the learned II Additional Sessions Judge, Guntur, on the ground that the petitioner had not obeyed the decree in O.P. No.5/1988 and the order of the trial court was set aside.