THE HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.3679 OF 2014 Between:-
Vadde Naresh Babu …Petitioner/Revision Petitioner And Vadde Nirmala and others.
…Respondents.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.3679 OF 2014 ORDER:
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor representing the State.
This Criminal Petition is filed under Section 482 of Cr.P.C., against the order passed by the Judge, Family Court-cum-Additional Sessions Judge, Khammam in Criminal Revision Petition No.47 of 2013.
The revision petitioner is the husband of the first respondent and respondents 2 and 3 are the minor sons of the revision petitioner. The first respondent-wife filed M.C.No.24 of 2013 on the file of the II Additional Judicial Magistrate of First Class, Kothagudem, Khammam District under Section 125 of Cr.P.C., seeking maintenance to her and her children. In the said case, she filed Crl.M.P.No.847 of 2013, seeking interim maintenance at the rate of Rs.15,000/- (Rupees fifteen thousand only) to each respondent.
In the said petition, the respondents contended that the revision petitioner is working as Sales Representative in Madras Auto Service, Vijayawada and getting Rs.30,000/- (Rupees thirty thousand only) per month. On the other hand, the revision petitioner contended that petitioner No.1 is working as clerk in Vivekavardhani Degree and P.G.College, Laxmidevipally, Kothagudem and getting salary of Rs.8,000/- (Rupees eight thousand only) per month.
Before the leaned Magistrate, the revision petitioner could not be able to establish that the first respondent has means to maintain herself. The first respondent also failed to establish that the revision petitioner is working as Sales Representative in Madras Auto Service, Vijayawada and getting Rs.30,000/- (Rupees thirty thousand only) per month. Considering the admitted relationship of the parties and the aforesaid facts, the learned Magistrate granted interim maintenance at the rate of Rs.1,500/- (Rupees one thousand five hundred only) per month to the first respondent and Rs.2,000/- (Rupees two thousand only) each per month to the respondents 2 and 3 who are the school going minor children. The said order was challenged by the revision petitioner in Criminal Revision Petition No.47 of 2013 and the learned Judge, Family Court-cum-Additional Sessions Judge, Khammam by his order dated 28-02-2014 confirmed the order passed by the learned Magistrate. Against the order passed by the Additional Sessions Judge, Khammam, the present Criminal Petition is filed to quash the said order in exercise of the powers under Section 482 of Cr.P.C.
Since the relationship between the parties is admitted, both the Courts below did not commit any error in granting interim maintenance to the respondents 1 to 3. The learned Magistrate taking into consideration the material available on record granted aforesaid interim maintenance to the respondents 1 to 3, which is confirmed by the learned Judge, Family Court-cum- Additional Sessions Judge, Khammam. The powers under Section 482 of Cr.P.C., have to be used sparingly to meet the ends of justice. Unless the orders passed by the Courts below are perverse or contrary to the evidence available on record, this Court is not supposed to quash or modify the same in exercise of the powers under Section 482 of Cr.P.C. Absolutely, I see no valid reasons to interfere with the order passed by the learned Judge, Family Court-cum-Additional Sessions Judge, Khammam in the revision petition.
Accordingly, the Criminal Petition is dismissed at the admission stage. The Miscellaneous Petitions pending if any shall stand closed.
R.KANTHA RAO,J Date:15-04-2014 Shr.
THE HON’BLE SRI JUSTICE R.KANTHA RAO CRIMINAL PETITION NO.3679 OF 2014 Date: 15-04-2014 Shr.