HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.2545 of 2008 Date:24.06.2010 Between:
Nallamilli Venkata Reddi …Petitioner And Nallamilli Radha and another …Respondents ORDER:
HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.2545 of 2008 This criminal petition is filed by the petitioner under Section 482 Cr.P.C. with a prayer to quash the order passed by the Additional Judicial Magistrate of First Class, Ramachandrapuram in M.C.No.24 of 2006 which was confirmed by the Sessions Judge, Rajahmundry in CRP No.144 of 2007.
I have heard both the learned counsel.
The petitioner is the husband of the first respondent. Admittedly, they have been living separately since several years. She filed M.C.No.24 of 2006 on the file of the Additiional Judicial Magistrate of First Class, Ramachandrapuram seeking maintenance of Rs.10,000/- per month against the petitioner. During the course of enquiry, the learned Magistrate basing on the evidence of PW-1, the wife and two other witnesses recorded a finding that the petitioner neglected and refused to maintain the first respondent and the first respondent has no means to maintain herself. It was established by the first respondent that the petitioner by working as employee in Sarvaraya Sugars Limited getting salary of Rs.6,000/- per month and further proved through Exs.P-1 and P-2, certified copies of mortgage deeds executed in favour of the petitioner for an amount of Rs.2 lakhs and Rs.1 lakh respectively, the petitioner has been doing finance business. The first respondent also established through Ex.P- 3, certified copy of sale deed, dated 26.04.2006 that the petitioner sold away the landed property after filing of maintenance case by her. Before the learned Magistrate the petitioner did not even enter the witness box to state his version. Considering all these aspects, the learned Magistrate granted an amount of Rs.2,500/- per month as maintenance.
The petitioner filed C.R.P.No.144 of 2007 before the Principal Sessions Judge, Rajahmundry and the learned Principal Sessions Judge considering the above mentioned aspects concurred with the finding of the learned Magistrate and dismissed the revision petition by his order dated 12.02.2008 confirming the order passed by the learned Magistrate granting maintenance of Rs.2500/- per month.
The impugned orders passed by the Courts below are based on evidence and reasoning and there is no error of law or fact committed by both the Courts below in arriving at the conclusion that the first respondent is entitled for an amount of Rs.2500/- per month as maintenance from the petitioner who is her husband. Absolutely there is no perversity or error of jurisdiction committed by the Courts below and this Court will not interfere with the said orders by exercising its powers under Section 482 Cr.P.C.
The criminal petition is, therefore, dismissed.
R.KANTHA RAO,J Dated:24.06.2010
ccm
HON’BLE SRI JUSTICE R. KANTHA RAO Criminal Petition No.2545 of 2008 Date:24-06-2010