M. Venkata Subbaiah , Venkat v. Smt. Medam Meena

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL REVISION CASE NO.452 OF 2018 ORDER:

This revision is filed by the petitioner (husband) under Sections 397 and 401 Cr.P.C. challenging the order, dated 03.01.2018 in Crl.M.P.No.430 of 2017 in M.C.No.12 of 2017 on the file of the Family Court-cum-VI Additional Sessions Judge, Kadapa, wherein interim maintenance of Rs.10,000/- per month was granted to the 1st respondent (wife). 2.

Heard learned counsel for the petitioner, learned counsel for the 1st respondent and perused the record. 3.

Learned counsel for the petitioner (husband) would submit that the 1st respondent (wife) is an Engineering Graduate and she is capable of earning. Therefore, granting interim maintenance at the rate of Rs.10,000/- per month to her is excessive. The petitioner is drawing salary of Rs.30,000/- per month.

4.

On the other hand, learned counsel for the 1st respondent (wife) would submit that in anticipation that the 1st respondent would be employed, challenge is made with regard to grant of interim maintenance.

5.

As per the record, the petitioner is working as Manager in Y.E.S. Bank. He admitted that his monthly salary is Rs.30,000/-. There are allegations of dowry harassment etc., The 1st respondent (wife) is not living with the petitioner and she is living separately. In view of status of parties and also monthly salary of the petitioner as admitted by him, no infirmity is found in granting maintenance at the rate of Rs.10,000/- per month to the 1st

respondent (wife). The revision is devoid of merit and is liable to be dismissed.

6.

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

___________________________ DR.SHAMEEM AKTHER, J DATED: 19-03-2018.

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