Syed Imran Hussain , Imran v. Syed Johara Nikhat

THE HON'BLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL REVISION CASE No.1005 OF 2018 ORDER:

This revision is filed aggrieved by the order dated 12.12.2017 in M.C.No.252 of 2013 on the file of the Family Court-cum-IV Additional District and Sessions Judge, Vijayawada, whereby the Court below granted maintenance of Rs.4,000/- to the respondentwife. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the 2nd respondent-State and perused the record.

Learned counsel for the petitioner would submit that the parties to the litigation already obtained divorce at the intervention of Wakf Board employees and there is a certificate showing the same. The Court below did not appreciate all the facts and circumstances. Further, the respondent-wife is a graduate. The petitioner studied only 10th class. The amount awarded is excessive.

While dealing with the case, the Court below had taken all the above aspects into consideration and assigned reasons. Nowa-days, cost of living is high. The dissolution of marriage between the parties as alleged does not disqualify the wife to seek maintenance under Section 125 Cr.P.C. The grant of maintenance amount is reasonable. There are no circumstances to interfere with the impugned order.

Therefore, the Criminal Revision Case is dismissed.

The Miscellaneous Petitions, if any, pending shall stand closed.

___________________________ Dr. SHAMEEM AKTHER, J 11th April, 2018.

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