MUPPALLA NANDA NAGA RAVI SANKAR Vs. MUPPALLA RADHIKA

JUDGEMENT

(1.) THIS revision petition is filed by the petitioner(husband) under Section 397 and 401 Cr.P.C. read with Section 19(4) of the Family Courts Act, 1984 aggrieved by the order dated 05.02.2014 in M.C. No.121 of 2010 on the file of Judge, Family Court -cum -XII Additional District Judge, Guntur.

(2.) THE order of maintenance awarded to the wife at Rs.2,500/ - per month and to the minor son at Rs.1,500/ - per month from the date of petition. Now impugned on several grounds not only on the quantum while admitting the relationship but also on entitlement in saying the wife refused to join the husband even several efforts made pending trial of the maintenance case before the trial Court for re -conciliation and there is no negligence or refusal by the husband as he expressed his willingness to take his wife to his fold but for her refusal and living away and once there is no refusal to maintain apart from she got means to maintain herself, the awarding of maintenance to the wife at Rs.2,500/ - per month that too from the date of petition, even she failed to prosecute the matter and cause dismissed for default and restored after lapse of time and did not prosecute in leading evidence, the trial Court should have awarded maintenance only from the date of order that too without reasons, the award from the date of petition, hence to allow the revision setting aside the order and reduce the order of the maintenance to the child. The learned counsel for the revision petitioner reiterated the same, whereas it is the contention of the learned counsel for the respondent -wife and the minor child that the impugned order no way requires interference that too while sitting in the revision within the limited scope and even on factual matrix from the husband having a duty bound to maintain the wife and child and any pretence of taking the wife to join is only for bringing on paper sake without real intention for the wife refusal to join, hence to dismiss the petition.

(3.) PERUSED the material on record.