K.Kullayappa v. The State Of A.P

THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.10922 of 2016 ORDER:

The criminal petition is filed against the order dated 03.06.2016 in Crl.R.P.No.98 of 2015 in M.C.No.11 of 2013 on the file of the VI-Additional Sessions Judge, Anantapur at Gooty, by and under which, the Court below confirmed the order of the trial court in awarding maintenance to respondent Nos.2 to 4 herein at Rs.1,500/- per month each. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor, representing the State.

The petitioner is the husband and the 2nd respondent is the wife and respondent Nos.3 and 4 are their children. The trial Court on a consideration of oral and documentary evidence, granted maintenance of Rs.1,500/- per month to each respondent Nos.2 to 4 herein.

Aggrieved by the said order, the petitioner/husband preferred revision, where he became unsuccessful, hence the present petition.

The contention of the petitioner/husband is that the 2nd respondent/wife left the matrimonial home without any sufficient and just reason and hence she cannot be entitled to seek maintenance from the husband, and

further, the award of maintenance granted by the trial Court is excessive and hence prays to allow the petition. I have perused the entire material available on record. I see no reason to interfere with the findings of the Courts below. The maintenance awarded by the trial Court @ Rs.1,500/- per month each to respondent Nos.2 to 4 is very meager considering the present day cost of living. There are no merits in the present petition and the same is liable to be dismissed.

The Criminal Petition is accordingly dismissed. Pending miscellaneous applications, if any, shall stand closed in consequence.

__________________ M.S.K.JAISWAL,J 28th July 2016 mar