V D SOLOMON Vs. V SOLOMON MARY

JUDGEMENT

(1.) This criminal revision case is directed against the order passed in M.C. No.25 of 2002 on the file of the Family Court, City Civil Court at Secunderabad, awarding maintenance of Rs. 1000/- to the wife being the first respondent herein and Rs. 750/- each to the 3rd and 4th respondents and awarding Rs. 750/- towards maintenance from the date of petition up to September, 2002 to the 2nd respondent herein.

(2.) The facts that arise for consideration can be briefly stated as follows: The first respondent herein is the wife of the revision petitioner and their marriage took place on 20-5-1976 as per Christian rights and customs and their marriage was consummated. Respondents 2 to 4 are the children born to them Respondents have claimed maintenance against their father being the revision petitioner herein at the rate of Rs. 3000/- per month to each petitioner alleging that the revision petitioner is working as P.C. 7497 and drawing salary of Rs. 8000/- per month. A petition under Section 32 of Indian Divorce Act is said to have been filed where under the Court has directed the first respondent to join the company of the revision petitioner. The wife is said to have presented a complaint for the offence under Section 498-A IPC before the women Police Station, North Zone, Secunderabad, for alleged harassment and demanding of dowry etc. Another complaint in C.C. No.28 of 2000 in the Court of XI Metropolitan Magistrate, Secunderabad, has also been presented for taking away 1st and 4th respondents. As the matters stood thus. M.C.No.25 of 2002 has been taken up for trial and respondents 1 to 4 are examined as P.Ws.1 to 4 and the revision petitioner is examined as R.W.1. It appears that affidavits have been accepted towards chief examination and Advocate Commissioner has been appointed to conduct cross- examination. This court has to consider whether such procedure can be adopted while dealing with the case on criminal side.

(3.) Before adverting to merits of the case, it is necessary to have a look at Section 10 of the Family Courts Act, 1984 and Rules, hereinafter referred to as the 'Act', reads as under: Section 10: