Petitioner appealed against revisional order reducing maintenance under Section 125 Cr.P.C. Court held quantum cannot be questioned in writ/criminal petition and dismissed the appeal.
Criminal Petition dismissed; original revisional order upholds reduced maintenance.
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HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
Crl.P.No.5819 of 2012
O R D E R:
This Criminal Petition under Section 482 Cr.P.C. is filed questioning revisional order passed by the Additional Sessions Court reducing maintenance payable by the husband/father to the respondents 1 to 3 under Section 125 Cr.P.C. The Magistrate granted maintenance of Rs.2,500/to each of the wife and minor children. On revision, the Additional Sessions Judge reduced the same by way of Rs.2,000/- per month to the wife and Rs.1,500/- each to the minor children. It is contended by the petitioner’s counsel that the petitioner has no means and that he did not neglect the respondents 1 to 3. Both the Courts below consistently found that there are legal grounds under Section 125 Cr.P.C. for awarding maintenance. Quantum of maintenance determined by both the Courts below cannot be questioned in this Criminal Petition. Hence, there are no grounds to interfere with the revisional order passed by the Additional Sessions Judge.
In the result, the Criminal Petition is dismissed.
_____________________________ SAMUDRALA GOVINDARAJULU,J
Dt.3rd August, 2012
PNV
1 issue framed by the court
Whether the quantum of maintenance determined by Courts below can be questioned in a Criminal Petition under Section 482 Cr.P.C.
2 provisions across 1 enactments
PETITIONER
RESPONDENTS 1 TO 3
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
