In a criminal revision, the High Court modified the enhanced maintenance awarded to a wife. Reducing the amount from Rs. 4,000 to Rs. 3,000 per month based on the husband's alleged financial status and lack of commodity price increase.
Monthly maintenance enhanced by the lower court is modified from Rs. 4,000 to Rs. 3,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
TUESDAY, THE TWENTIETH DAY OF JULY TWO THOUSAND AND TEN
PRESENT
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1044 OF 2010
Between:
Mohd. Ghulam Rasool
… PETITIONER
And
Shameem Sultana and another
… RESPONDENTS
This Court made the following:
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1044 OF 2010
ORDER:
1. This revision petition is filed by the husband questioning order, dated 20.03.2010, passed by the Judge, Additional Family Court, Hyderabad, in M.P.No.66 of 2010 in M.C.No.72 of 2004, by which maintenance payable by the petitioner to the respondent No.1/wife is enhanced from Rs.1,000/- to Rs.4,000/- per month. Though the
respondent No.1 alleged that the petitioner is doing real estate business, the lower Court did not believe the same since the respondent No.1 did not file any documentary proof therefor. Admittedly, the petitioner is not Government servant. Details of his employment and salary are not furnished. Even a class IV employee working in the State Government service gets more than Rs.15,000/per month as salary. It is stated by the petitioner's counsel that the petitioner is working as a police constable and that he has got aged mother to be looked after. In the year 2004, maintenance was fixed at Rs.1,000/- per month by the lower Court. After a gap of six years in the year 2010, rates of commodities have not increased four fold much less salaries of the Government employees. Having regard to all the circumstances of the case, this Court is of the opinion that maintenance of Rs.3,000/- per month will be appropriate.
2. In the result, the Criminal Revision Petition is partly allowed modifying the enhanced maintenance awarded by the lower Court from Rs.4,000/- to Rs.3,000/- per month.
___________________________________ SAMUDRALA GOVINDARAJULU, J
July 20, 2010 MD
HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL REVISION CASE No.1044 OF 2010
July 20, 2010
1 issue framed by the court
Whether the enhanced monthly maintenance of Rs. 4,000 awarded by the lower court should be modified given that rates of commodities have not increased four-fold.
Mohd. Ghulam Rasool
Shameem Sultana
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
