A BAL REDDY Vs. SARASWATHI

JUDGEMENT

(1.) This is petition under section 482, Cr.P.C. to quash the order in M.C. No. 39 of 1989 on the file of the V Metropolitan Magistrate, Hyderabad which has been confirmed in Crl. Revision No. 159 of 1993 of the file of the I Additional Metropolitan Sessions Judge, Hyderabad.

(2.) The petitioner before the High Court is Sri A. Bal Reddy, an advocate aged about 79 years. M.C. No. 39 of 1989 was filed by one A. Saraswathi, a lady aged about 52 years. She claimed maintenance under S. 125, Cr.P.C. against Mr. Bal Reddy claimed that she is the legally wedded wife of Bal Reddy and that they lived together for a number of years as spouses after the marriage took place in 1950 at Yadagirigutta temple and that one Anitha alias Durgamma and Vijitha were born out of this marriage. She claimed that her elder sister Ramachandramma is the first wife of Bal Reddy and that the entire family including Ramachandramma and her children and her husband Bal Reddy resided in the family house at Himayatnagar in Hyderabad till 1968. In 1968 she was sent to Gangaram village to took after the cultivation. It is also claimed that Bal Reddy looked after the family, educated the girls and in the year 1985 Anitha alias Durgamma, first daughter of the petitioner was married to one Srinivasa Reddy and the marriage was performed by the petitioner and Mr. Bal Reddy and they have performed the Kanyadanam. It is also claimed that the respondent Bal Reddy is a practising advocate earning huge amounts and that he has 25 acres of land in Gangaram village and the agricultural income from his lands comes to about Rs. 40,000.00 per annum and from the three houses at Himayatnagar, he gets a monthly rent of Rs. 15,000.00. She claimed that she was driven out from the house in 1985 by subjecting her to entitled to claim maintenance. She claimed maintenance of Rs. 500.00 per month. She claimed that after being driven out of the house, she was residing with her daughters. It is also stated that the second daughter is employed and that the first daughter's husband is an earning member working as an officer.

(3.) The V Metropolitan Magistrate by order dated 5/03/1993, came to the conclusion that the petitioner is the wife of Bal Reddy and that the petitioner is entitled to maintenance of Rs. 500.00 per month from the date of the petition 10-4-1989. She was also awarded costs of Rs. 500.00. Aggrieved by that order Sri Bal Reddy filed Crl. Revision petition No. 159 of 1993 on the file of the I Addl. Metropolitan Sessions Judge, Hyderabad. The learned I Additional Metropolitan Sessions Judge by his order dated 22/09/1993, dismissed the revision, confirmed the findings of the order of maintenance passed by the V Metropolitan Magistrate. Aggrieved by that, the present petition is filed under S. 482, Cr.P.C.