KOTHA SATYA VEERA SIMHA Vs. KOTHA VARALAKSHMI

JUDGEMENT

(1.) Petitioner seeks to quash the maintenance proceedings initiated by the first respondent herein in M.C.No.33 of 2002 on the file of the II Additional Judicial First Class Magistrate, Tanuku.

(2.) The sole ground, upon which the present application had been filed earlier, was that the first respondent-wife filed a suit O.S.No.10 of 2002 for maintenance, which is pending trial on the file of III Additional Junior Civil Judge, Tanuku and having filed the civil suit for maintenance, she could not maintain the present application under Section 125 of the Criminal Procedure Code (Cr.P.C.) for maintenance.

(3.) The case of the petitioner further seems to be that the wife also filed a criminal case alleging harassment under Section 498-A of the Indian Penal Code (for short "I.P.C.") and, therefore, it is nothing but a persecution.