Kayalu Ramesh Naidu v. State Of Ap.,

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO.2216 OF 2018 ORDER:

This petition is filed by the petitioner under Section 482 Cr.P.C. to quash the order, dated 14-12-2017 in Crl.M.P.No.40 of 2017 in FCMC No.28 of 2016 on the file of the Judge, Family Court-cum-Additional District Judge, Anantapuramu.

2.

Heard the learned counsel for the petitioner and perused the record.

3.

It is contended by the learned counsel for the petitioner-husband that the 2nd respondent-wife is working as Nurse and she has livelihood and awarding of maintenance at the rate of Rs.5,000/- per month to her is excessive. Further, the petitioner is Junior Advocate. He has no sufficient means to pay the maintenance amount granted in favour of the 2nd respondent and ultimately, prayed to modify the same.

4.

It is the duty of the petitioner to pay maintenance amount to his wife and children. There is justification in granting maintenance at the rate of Rs.2,500/- per month to each of the respondents 3 and 4. It is contended that the 2nd respondent is working as Nurse. Under these circumstances, the maintenance awarded at the rate of Rs.5,000/- per month to the 2nd respondent is reduced to Rs.3,500/- per month. The petitioner shall pay maintenance amount without any default by 10th of every Calendar month. The arrears of maintenance shall be paid within 30 days from the date of this order.

5.

With the above modification, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending in this petition shall stand closed.

___________________________ DR.SHAMEEM AKTHER, J DATED: 23-02-2018.

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