( 1 ) AS the parties to both the cases are common, I consider it just and convenient to dispose of the same by way of common order.

( 2 ) CRIMINAL Petition No. 2050 of 2004 is filed by the petitioner-husband to quash the order, dated 04. 12. 2002 passed in Crl. M. P. No. 4487 of 2001 in M. C. No. 87 of 1995 on the file of the Additional Judicial (Magistrate of First Class, nizamabad and also the order dated 24. 12. 2003 passed in crl. R. P. No. 14 of 2003 on the file of the Sessions Judge, at nizamabad.

( 3 ) CRL. R. C. NO. 479 of 2004 is filed by the petitioner-husband aggrieved by the order, dated 24. 11. 2003 passed in crl. R. P. No. 16 of 2003 on the file of the Sessions Judge, nizamabad which was filed by the first respondent-wife against the orders dated 04. 12. 2002 passed in Crl. M. P. No. 4487 of 2001 in M. C. No. 87 of 1995 on the File of the Additional Judicial magistrate of First Class, Nizamabad. The relevant facts in brief are as follows: smt. S. Ramadevi-respondent here in filed an application before the Judicial Magistrate of First Class, Nizamabad against her husband S. Brahmananclam-petitioner herein seeking maintenance of Rs. 500/- per month alleging that s. Brahmanandam married her on 13. 06. 1982 after the death of his first wife Smt. Saroja. Sri S. Brahmanandam had one son and one daughter through his first wife, aged 7 years and 3 years respectively at the time of death of his first wife. They have become majors aged 21 years and 18 years.

( 4 ) SMT. Ramadevi has looked after the children born through the first wife of S. Brahmanandam with great care and affection for about 7 years after her marriage and she begot two children viz. Kum. Srigouri and Sridhar through her husband and they are now aged 11 years and 9 years respectively. She further alleged that since about seven years, her husband started ill-treating her by abusing and insulting before the children and also before the relatives and neighbours and he is always suspicious and always suspects her character and he did not provide proper food and clothing to her and her children and son and daughter with her husband and she is an illiterate and she is not in a position to earn any income and she is at the mercy of her relations and she cannot depend upon them for a long time. Her husband refused to maintain her though he has sufficient means. She further stated in the application filed under Section 125 Cr. P. C.

that her husband is getting monthly salary of Rs. 8,000/- and further he has got three storeyed house at Kothi Residency, Hyderabad and getting rents of rs. 5,000/- per month and apart from that her husband has got three more houses at Ramachandnapuram and two of them have been let out and getting rent of Rs. 5,000/- per month. Originally the learned Magistrate dismissed the m. C. No. 87 of 1995 on 10. 04. 1997. Aggrieved by the same, the wife filed revision before the Sessions Judge, Nizamabad in crl. R. P. No. 11 of 1997 and the learned Additional Sessions judge dismissed the said revision on 08. 09. 1998. Thereafter the wife filed petition in Crl. P. No. 651 of 1999 on the file of this court and this Court allowed the said petition on 01. 10. 2001 and directed the Additional Judicial Magistrate of First Class, nizambad to determine the quantum of maintenance after giving opportunity to both sides. Thereafter, the wife filed petition in Crl. M. P. No. 4487 of 2001 before the learned magistrate seeking for determination of quantum of maintenance to be granted to her in view of the orders passed by this Court in Crl. P. No. 651 of 1999 on 01. 10. 2001. The learned Magistrate numbered the said petition as crl. M. P. No. 4487 of 2001 in M. C. No. 87 of 1995. The learned magistrate conducted enquiry in the said petition. During the course of enquiry the wife Ramadevi examined herself as PW-1 and her husband Brahmanandam examined himself as RW-1 besides examining one more witness as RW-2 and exhibited eight documents as Exs. R-1 to R-8.

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