M SUBBAMMA Vs. M VENKATESWARLU

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 maintenance. 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 respondentas there was no security to her life in his hands. He further held mat 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 Rs25,000/- par year and that the -petitioner has no property whatsoever and that she has no means or ability to maintain herself. On finding mat 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 Crl.R.P.No.86 / 90 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.5/88 and the order of the trial court was set aside.