DAMISETTY SRINIVASA RAO Vs. DAMISETTY RAJESWARI VIZIANAGARAM

JUDGEMENT

(1.) This Criminal Revision Case is filed by the revision petitioner under Ss. 397 and 401 of Code of Criminal Procedure (hereinafter referred to as 'the Code?) against the order dtd. 6/1/2015 passed in F.C.M.C.No.29 of 2014 by the learned Judge, Family Court, Vizianagaram.

(2.) The parties are being referred to as per their positions before the trial Court, for the sake of convenience and clarity.

(3.) As seen from the petition, petitioner No.1 is legally wedded wife of the respondent, and their marriage was solemnized on 13/2/2005 at Vizianagaram. At the time of marriage, parents of the petitioner No.1 presented cash of Rs.1,50,000.00, one and half sovereign gold and Rs.15,000.00 towards adapaduchu lanchanam. Immediately after the marriage, petitioner No.1 joined the respondent to lead marital life and out of their lawful wedlock, she begot petitioner Nos.2 & 3 and they are studying 1st class and LKG. The respondent was habituated to maintain extramarital relationship with other ladies, used to harass the petitioner No.1 and also demand additional dowry by selling away the house which is in the name of her father Sri Kanuri Venkatappadu, who retired from Postal Department. And, in the year 2011, when the respondent necked out the petitioners from the matrimonial house, she gave report to police and then, respondent submitted undertaking to the police to look after the welfare of petitioners and accordingly, petitioner No.1 joined the respondent to lead marital life. But, the respondent didn't change his attitude and finally, in the month of November, 2013, necked out the petitioners and threatened the petitioner No.1 under dire consequences and demanded to bring additional dowry. As there is no other way, petitioner No.1 went to her parents? house along with petitioner Nos.2 & 3. The mediation done by Sri Sirisetty Ramakrishna and Bandaru Suryakantham is failed and respondent proclaimed that he would sell away the house property of father of the petitioner No.1. As there is no other way, petitioner No.1 gave report to the police and the same is registered as a case in Crime No.103 of 2013 of the offense under sec. 498-A Indian Penal Code. Petitioner No.2 is studying 1st standard and petitioner No.3 is studying LKG in a private school and she has been paying Rs.2,000.00 per month towards the school fee and she has to pay the expenses for traveling, clothing, etc. The petitioner No.1 studied only 10th class and due to the harassment made by the respondent, she is not able to do any work and she has no financial support and fully depended upon the pension of her retired father, who is aged about 70 years, and not in a position to lead their lives and also to provide better education to her children. Further, respondent is working as Health Assistant in Primary Health Center, Arikatota and getting monthly salary of Rs.22,000.00 and he also own house sites at Ramabhadrapuram and Rompilli Villages and he has no financial burdens and further, his sisters are also married. Since the respondent refused and neglected to maintain the petitioners, he is liable to pay maintenance.