R RAMBILAS Vs. ANITA

JUDGEMENT

(1.) THIS criminal petition is filed under Section 482 Cr. P. C. to quash the proceedings in M. C. No. 215 of 2007 on the file of the Additional Family Court-cum-XXIII Additional Chief judge-cum-Additional metropolitan Sessions Judge, JHCBBC, nampally, Hyderabad.

(2.) THE first respondent herein, who is wife, filed the Maintenance Case under section 125 Cr. P. C. stating that her marriage with the petitioner took place on 14. 9. 1994 at Hyderabad. It is further alleged that, after the marriage, husband continued harassing her to bring additional dowry of rs. 25. 00 lakhs from her parents, and that playing fraud and undue influence, petitioner obtained consent divorce on 24. 5. 1999, in o. P. No. 259 of 1998 on the file of the additional Family Court, Secunderabad; that, in the year 1999, the first respondent was driven out from the house and she is unable to maintain herself. It is further stated that the petitioner was a reputed businessman running jewellery shop and getting income of more than Rs. 1. 00 lakh per month. Hence, the petition for maintenance.

(3.) THE learned Counsel for the petitioner contended that, by virtue of mutual understanding, petitioner and the first respondent were living separately, and the wife undertook not to seek any maintenance or any relief or any other compensation from the husband; that, after a period of more than 8 years of passing of decree for divorce on mutual consent, the present maintenance case is filed; that, the understanding between the petitioner and the first respondent by way of mutual agreement, was confirmed by various Courts, and the respondent has no right to seek any maintenance from the petitioner as she has capacity to maintain herself. Hence, he prayed to quash the impugned proceedings.