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High Court for State of TelanganaCRLRC/838/2007dismissed

J.Harilal v. Smt.J.Latha And 2 Others

2018-05-01Shameem Akther2 pages

THE HON'BLE DR.JUSTICE SHAMEEM AKTHER CRIMINAL REVISION CASE NO.838 OF 2007 ORDER:

This revision is filed by the petitioner-husband under Sections 397 and 401 Cr.P.C. challenging the order, dated 22.03.2007 in M.C.No.40 of 2006 on the file of the Judge, Family Court, Secunderabad, wherein maintenance of Rs.1,000/- per month to the 1st respondent-wife and Rs.500/- per month to the 2nd respondent-son, was granted from the date of petition.

2.

There was no representation on behalf of the petitioner on 19.04.2018. Therefore, the matter was directed to be listed on 26.04.2018 under the caption 'for dismissal'. On 26.04.2018, when there was no representation on behalf of both sides, the matter was listed under the caption 'for orders'. Even today also, there is no representation on behalf of the petitioner. Under these circumstances, this revision can be disposed of on merits.

3.

The respondent-wife was examined as P.W.1 and got marked Exs.A1 to A17-medical bills, Exs.A18 to A26Clinical report, Ex.A27-Certificate, dated 03.03.2005 issued by Elite Detective Agencies and Ex.A28-copy of petition in OP 54 of 2006 on the file of Family Court, Secunderabad. Whereas, the petitioner-husband was examined as R.W.1 and got marked Exs.B1 to B22-Lab reports, Exs.B23 to B30Medical prescriptions and Ex.B31-salary certificate. The trial Court after taking into consideration the evidence of P.W.1 and R.W.1 and the documents marked on behalf of both sides, awarded maintenance of Rs.1,000/- per month to the 1st respondent-wife and Rs.500/- per month to the 2nd respondent-son. There is justification on the part of the

respondent-wife to live separately from the petitioner. The findings of the trial Court are based upon proper appreciation of evidence and documents available on record. There is no miscarriage of justice. There is nothing to take a different view. The revision is devoid of merit and is liable to be dismissed.

4.

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

___________________________ DR.SHAMEEM AKTHER, J DATED: 01-05-2018.

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