IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH MONDAY, THE TWENTY FOURTH DAY OF AUGUST TWO THOUSAND AND FIFTEEN PRESENT THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.6059 of 2011 Between:
Tanguturu Rajasekhar Reddy AND . PETITIONER The State of Andhra Pradesh, rep.by its Public Prosecutor, High Court, Hyderabad and another . RESPONDENTS The Court made the following:
THE HON'BLE SRI JUSTICE M.S.K.JAISWAL CRIMINAL PETITION No.6059 of 2011
ORDER:
The criminal petition is filed against the order dated 11.05.2011 in Crl.R.P.No.21/2011 on the file of the III Additional Sessions Judge, Kurnool at Nandyal, by and under which, the Court below confirmed the order of the trial court in awarding maintenance to the 2nd respondent/wife @Rs.2,000/- per month.
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.
Alleging that the petitioner/husband demanding certain property be transferred in his name, the 2nd respondent/wife left the matrimonial home and staying with her parents. Thereafter, the 2nd respondent/wife filed MC No.5/2010 on the file of the Judicial Magistrate of First Class, Allagadda seeking maintenance @Rs.3,000/- from the petitioner/husband. The learned Magistrate after considering the oral and documentary evidence, awarded maintenance to the wife @Rs.2,000/- per month. Aggrieved by the said order, the petitioner/husband preferred appeal, 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. It is further contention of the petitioner/husband that he filed divorce petition against the 2nd respondent/wife and the same pending in appeal, 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.2,000/- per month 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 Date: 24.08.2015 Dsr