Moorthy Gari Sai Prasad v. Moorthygari Sri Krishna

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL REVISION CASE NO.44 OF 2018 ORDER:

This revision is filed under Sections 397 and 401 Cr.P.C. aggrieved by the order, dated 05.07.2017 in M.C.No.4 of 2016 on the file of the Family Court-cum-III Addl. District Judge, Warangal, wherein maintenance of Rs.12,000/- per month was granted to the 1st respondentson. 2.

Heard learned counsel for the petitioner and perused the record.

3.

Learned counsel for the petitioner would submit that granting of maintenance of Rs.12,000/- per month to the 1st respondent is highly excessive. It is further contended that the petitioner is drawing monthly salary of Rs.40,000/- only and ultimately, prayed to reduce the maintenance amount to Rs.8,000/- per month.

4.

As seen from the record, the petitioner is a Software Engineer and 1st respondent is a student. In the course of submissions, it is brought to the notice of this Court that in the Aadhar Card belonging to the 1st respondent, there is no mention of father's name, and only mother's name is mentioned. Learned counsel for the petitioner contended that it causes agony to the petitioner. Admittedly, there is omission of the father's name of the 1st respondent in the Aadhar card. In view of the said omission, the 1st respondent cannot be deprived of monthly maintenance. Since the petitioner is highly qualified Software Engineer and earning sufficiently, granting of maintenance of Rs.12,000/- per month is not excessive, as the 1st respondent requires money for his food, shelter and

education needs. There is no mis-carriage of justice. The revision is devoid of merit and is liable to be dismissed. 5.

Accordingly, the Criminal Revision Case is dismissed. Miscellaneous petitions, if any pending in this Revision shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 17-04-2018.

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