HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.1787 OF 2012 Dated 11-6-2014 Between:
Danduvaripalle Ramesh.
Petitioner.
And:
Danduvaripalle Reddemma and another.
…Respondents.
HONOURABLE SRI JUSTICE S.RAVI KUMAR CRIMINAL PETITION No.1787 OF 2012 ORDER:
This petition is filed to quash orders in M.C.No.33 of 2008 on the file of II Additional Judicial First Class Magistrate, Madanapalli whereunder a sum of Rs.1500/- is granted as maintenance to the first respondent herein and in the appeal, II Additional District and Sessions Judge, Chittoor at Madanapalli reduced the same to Rs.1,000/- per month.
2. Now the contention of petitioner is that first respondent is working as maid servant and earning Rs.200/- per month and the same is admitted by her mother P.W.2 and as she is capable of earning, she is not entitled for maintenance. The other argument of the advocate for petitioner is that the petitioner filed O.P.No.12 of 2008 and the same is allowed and in spite of that, the first respondent has not joined the petitioner and therefore, she is not entitled for maintenance.
3. I have perused the order of II Additional Judicial First Class Magistrate, Madanapalli dated 25-2- 2011 and also II Additional District and Sessions Judge, Madanapalli dated 2-1-
2012. Both the courts after considering the evidence of P.Ws.1 and 2 examined on behalf of wife and R.Ws.1 and 2 examined on behalf of husband granted maintenance. Now the contention that since the wife has not joined in spite of decree in O.P.No.12 of 2008, she is not entitled for maintenance cannot be accepted because if the decree is not complied with, the remedy of the husband is to execute the same but on that ground, he cannot refuse to pay maintenance. When both the courts found that wife is entitled for maintenance and there is neglect and refusal on the part of husband, those findings cannot be interfered and set aside in a quash petition without any justifiable grounds. The grounds urged in the petition are not justifiable and even the quantum fixed by the appellate court considering the financial status of both wife and husband is very reasonable and there are absolutely no grounds to interfere with the orders of both the courts.
4. Accordingly, this Criminal Petition is dismissed. Three months time is granted for payment of arrears, if any.
5. As a sequel to the disposal of this revision, the Miscellaneous Petitions, if any, pending, shall stand dismissed.
JUSTICE S.RAVI KUMAR Dated 11-6-2014.
Dvs.
HONOURABLE SRI JUSTICE S.RAVI KUMAR Dvs CRIMINAL PETITION No.1787 OF 2012 Dated 11-6-2014