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1989 Supreme(AP) 306

G.RADHA KRISHNA RAO
Kamatham Venkalamma – Appellant
Versus
Kamatham Buruju Ramannaand – Respondent


G. RADHAKRISHNA RAO, J.

( 1 ) THE second wife of the respondent filed an application under Sec. 125 Cr. P. C. before the Judicial First Class Magistrate, Dhone, claiming maintenance at Rs. 250/- per month. The husband contended that an arrangement has been entered into between both the parties and in pursuance of that arrangement, he gave Ac. 1-50 cants of dry land and 40 Tolas of silver in full settlement of her maintenance and executed a deed of maintenance on 22-12-1983. The learned Magistrate, after enquiry, found that the respondent-husband executed Ex. P-3, registered gift deed dated 22-12-1983 gifting Ac. 1-50 cents of land to the petitioner towards her maintenance and also provided a house for her to live in after a Panchayat was held at the instance of the petitioner demanding maintenance. The learned Magistrate also held that the rights of maintence were concluded in ex. P-3. Basing on the income from the land, the Magistrate held that the petitioner is able to maintain bereself and that the respondent did not neglect to maintain her.

( 2 ) AGAINST that order, the wife filed a revision petition before theaddl. District and Sessions Judge, Kurnool. The First Additional Dist







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