The High Court dismissed the criminal revision challenging the Family Court's maintenance award held to be meagre but sufficient, noting the petitioner's duty to maintain his wife and daughter.
The revision is dismissed and the impugned order of the trial court is upheld.
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.
HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE NO.1077 OF 2012
ORDER:
This revision is filed by the petitioner challenging the order, dated 19.07.2011 passed by the Family Court-cum-Additional District Judge Guntur, Guntur District, in M.C.No.43 of 2010.
The brief facts of the case are as follows:
Respondents 1 and 2, who are wife and daughter of the petitioner, filed the above M.C., claiming monthly maintenance at the rate of Rs.3,000/- and Rs.2,000/- respectively. On appreciation of oral and documentary evidence, the trial Court awarded maintenance at the rate of Rs.700/- per month to the 1st respondent and Rs.500/- to the 2nd respondent. Aggrieved by the same, the petitioner filed the present revision.
Heard and perused the material available on record.
There is no dispute with regard to the relationship between the parties. It is the duty of the petitioner to maintain his wife and daughter. In view of the same and taking into consideration the facts and circumstances of the case and the present day cost of living, this Court is of the view that the maintenance awarded by the trial Court is meagre and it does not warrant any interference by this Court and hence, the revision is liable to be dismissed.
Accordingly, the Criminal Revision Case is dismissed. Consequently, the miscellaneous petitions, if any pending in this revision, stand dismissed.
_________________ Justice Raja Elango
Dated: 30.10.2012 Nn.
HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE NO.1077 OF 2012
30.10.2012
Nn.
1 issue framed by the court
Whether the trial court's maintenance award of Rs.700/- to the wife and Rs.500/- to the daughter was insufficient to warrant interference notwithstanding cost of living considerations.
Petitioner
Respondent 1
Respondent 2
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
