Mohd. Mustafa Khan, v. Shabnam Sultana And 2 Others,

HONOURABLE JUSTICE G.SRI DEVI CRIMINAL REVISION CASE NO.1936 OF 2007 ORDER:- 1) Assailing the order, dated 03.09.2007 passed in M.C.No.57 of 2006 on the file of the Judge, Family Court, Secunderabad, the present Criminal Revision Case is filed.

2) The facts in brief are that, the 2nd respondent is the wife and the 3rd respondent is the minor daughter of the revision petitioner. Respondents 1 and 2 filed M.C.No.57 of 2006 seeking maintenance of Rs.10,000/- per month to the wife and Rs.5,000/- to the daughter. By an order, dated 03.09.2007, the trial Court granted maintenance at Rs.1,000/- per month each to the respondents 1 and 2 herein. Challenging the said order, the revision petitioner-husband filed the present revision. 3) Heard and perused the record.

4) As seen from the record, there is no dispute that the marriage between the revision petitioner and the 1st respondent took place in the year 1981. Further, there is no dispute with regard to the relationship of the revision petitioner with the 2nd respondent.

5) Learned counsel for the revision petitioner contended that the trial Court erred in granting maintenance to the respondents 1 and 2. While granting maintenance at Rs.1,000/- per month each to the wife and daughter, the trial Court has categorically held that though the wife failed to establish the means of the husband, a duty is cast on the revision petitioner to maintain his wife and the daughter. Hence, I do not find any illegality or perversity in the findings arrived at by the trial Court, warranting interference by this Court by way of this revision.

6) Accordingly, the Criminal Revision Case is dismissed. Miscellaneous applications, if any, pending shall stand dismissed.

_____________________ JUSTICE G.SRI DEVI 28th February 2022 RRB