LYAGALA VIJAY SRINIVAS Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 of Cr.P.C., seeking to quash the order dated 07.01.2019 passed in Crl.M.P.No.1223 of 2016 in M.C.No.29 of 2007 on the file of the Judicial Magistrate of First Class, Parigi, wherein and where under the learned Magistrate enhanced the maintenance from Rs.3,000/- to Rs.10,000/- per month.

(2.) The facts in brief are that; the 2nd respondent is the wife of the petitioner. The 2nd respondent herein filed M.C.No.29 of 2007 seeking maintenance. By an order, dated 30.10.2009, the learned Junior Civil Judge, Parigi, granted monthly maintenance of Rs.1500/-, which was modified by the Senior Civil Judge at Vikarabad in Crl.M.P.No.659 of 2008 in O.P.No.33 of 2007. While so, the 2nd respondent-wife filed Crl.M.P.No.1223 of 2016, under Section 127 (2) of Cr.P.C. seeking to enhance the maintenance from Rs.3,000/- to Rs.20,000/- stating that she is unable to maintain herself with the meager amount of Rs.3,000/- and the petitioner-husband is getting Rs.69,354/- per month. By an order, dated 07.01.2019, the learned Magistrate enhanced the maintenance from Rs.3,000/- to Rs.10,000/-. Challenging the said order, the present Criminal Petition is filed by the petitionerhusband.

(3.) As seen from the record, there is no dispute with regard to the relationship of the petitioner with the respondent. Learned counsel for the petitioner only submits that the quantum of maintenance enhanced by the learned Magistrate is on higher side and hence seeking reduction of the same. He submits that the petitioner has to bear the educational expenses of his two daughters and also the medical expenses of his mother. The same is opposed by the counsel for the 2nd respondent and he submits that the petitioner is working as F.S.O. in Forest Department and he is getting Rs.69,354/- per month. He further submits that the deductions cannot be taken into consideration while awarding maintenance.