S.K. MOHIDDEN Vs. S. PARVEEN

JUDGEMENT

(1.) The challenge in this criminal revision case at the instance of the petitioner/respondent is to the order dated 28.06.2019 in M.C. No. 22/2014 passed by the learned Additional Judicial Magistrate of First Class, Addanki, Prakasam District, granting maintenance to respondent/petitioner @ Rs. 3,000/- per month from the date of filing of the M.C.

(2.) The respondent/petitioner filed M.C. No. 22/2014 on the allegations that her marriage with petitioner/respondent took place about 22 years prior to the filing of M.C. and that he developed illicit intimacy, with one Sundari of Vetapalem and in spite of her repeated requests, he did not mend his ways and on the other hand he started torturing her by burning on her legs with iron rod and pouring hot tea on her and ultimately he drove her away from the house after the birth of a female child and having no other option, she took shelter in her brother's house at Addanki Later her husband had a second marriage with one Shaik Sahiron and living with her at Vetapalem village. She further alleged, on 16.09.2013 the marriage of her daughter was performed by herself, her husband and her mother, but on the very next day of the marriage she was beaten indiscriminately and again driven out of the house at Vetapalem with a threat not to return to his house. Having no other go she again went back to her brother's house at Aldanki. The elders convened Panchayat and advised him to take back her and provide maintenance but he did not listen to elders. She is unable to maintain herself and she has no resources either. Her husband is having a turbo lorry, mini lorry and one auto which he engaged in transport business. He is having a two portioned dhaba house worth Rs. 30.00 lakhs, a vacant site of Ac. 0.20 cents worth Rs. 20.00 lakhs and bank deposits. He is getting income of Rs. 10,000/- per month in his transport business and in all he is having properties worth Rs. 2.00 Crores and hence, he is having capacity to maintain her. Thus, with those allegations she claimed Rs. 20,000/- per month towards maintenance.

(3.) The petitioner/respondent, while admitting the marital relationship between parties inter alia contended that his wife often used to leave him and go to her parental home and she used to harass him in many ways and with great difficulty he used to bring her back. She got illicit intimacy with one Shaik Madarvali of Addanki and when he questioned her attitude, she openly proclaimed that she had intimacy with her paramour long prior to her marriage and only due to the pressure of her parents she married him. In the absence of himself and his family members she took away seven sovereigns of gold and Rs. 50,000/- of cash from the house and went away to Addanki by leaving 9 months old daughter to her fate. At his request the elders like Medikonda Kondala Rao, Shaik Mabu and Shaik Ahamad had mediations, but his wife curtly stated that she did not want to lead marital life with her husband and she decided to detach herself from him once for all. The elders again tried to conduct mediations with her father, but her father and brother have informed the elders that she has been living with one Narasimha Rao of Addanki town. Having come to know that his wife had completely deserted him, he married a woman by name Shaik Sahiron at the advice of the elders and begot two male children through his second wife. He was only working as a lorry cleaner and with his resources he performed the marriage of his daughter Sahira Banu on 15.09.2013 by selling his house at Vetapalem. He is a diabetic patient and suffering with ill-health. He has a large family to fend and therefore, he has no means to provide maintenance to her. He thus prayed to dismiss the M.C.