V SANTOSH KUMAR Vs. ANASUYA

JUDGEMENT

(1.) The revision petitioner seeks to assail the order dated 23-12-2002 passed by the learned Judge, Family Court, Visakhapatriam, in M.C.No. 222 of 2002 and the consequential orders passed in M.P. No. 61 of 2003 and M.P.No. 841 of 2003.

(2.) The first respondent herein filed M.C.No. 222 of 2002 under Section 125 of the Code of Criminal Procedure claiming; monthly maintenance of Rs. 5,000/- per month from the date of petition. Her case in the said petition seems to be that she and the revision petitioner are wife and husband their marriage having been performed at Turnel Choultry, Visakhapatnam, on 26-04-2001 as per Hindu Caste Custom and ritual rites; and that the marriage was consummated: and that subsequently since May, 2001 he started ill-treating her physically and mentally and sent her out to her parents house in the month of January, 2002 and thereafter despite several mediations he refused to take her back and therefore, she had to stay at her parents house; and that she was unable to maintain herself and her husband has been drawing a salary of Rs. 15,000/- per month working as Lecturer in Shadan College of Engineering and Technology at Hyderabad. Ultimately, she claimed maintenance at the rate of Rs. 5,000/- per month. Since the revision petitioner was called absent before the Court below, he was set ex parte. Upon considering the evide'nce of the first respondent herein, who filed the affidavit in lieu of her chief-examination, the Court below directed the revision petitioner to pay monthly maintenance of Rs. 5,000/- to her from the date of petition.

(3.) Since the revision petitioner did not comply with the order of maintenance, the first respondent herein filed initially Crl. M.P.No. 61 of 2003 for enforcement of the maintenance order and for recovery of arrears of Rs. 10,000/- by arrest and detention of the revision petitioner. It is not known as to what orders have been passed on that application. Subsequently, she filed M.P.No. 841 of 2003 for realization of arrears by attachment of the salary of the revision petitioner. The learned Judge, Family Court, directed the attachment of salary by remitting an amount of Rs. 5,000/- from out of his salary to the first respondent herein every month. As aforesaid, the revision petitioner is assailing the said order.