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2017 Supreme(AP) 613

M.SATYANARAYANA MURTHY
GOLLAMUDI RAMESH – Appellant
Versus
MODUKURI NAGAMANI @ MODKURI GETHA NAGAMANI – Respondent


Advocates Appeared:
For the Petitioner:Sri V. Roopesh Kumar Reddy, Advocate.
For the Respondent:I.M. Ahmed, Advocate, Public Prosecutor (AP)

ORDER :

M. Satyanarayana Murthy, J.

This Criminal Revision Case is filed under Section 397 and 401 of Cr.P.C., questioning the proprietory and legality of the order passed by the Judge, Additional Family Court, Visakhapatnam in FCOP.No. 865 of 2015, dated 18/11/2016, granting maintenance @ Rs. 15,000/- per month in favour of the petitioner therein payable on or before tenth of succeeding month, while granting time till 10/12/2015 for payment of arrears of maintenance.

2. The respondent filed maintenance case under Section 125 of Cr.P.C., against the petitioner herein to grant maintenance @ Rs. 25,000/- per month alleging that the petitioner herein refused and neglected to maintain her, being the legally wedded wife and that she has no source of income to maintain herself.

3. The learned Judge, Family Court ordered notice to the respondent and notice was served on the petitioner but he remained exparte.

4. The ex-parte order is now under challenge before this Court in this criminal revision on the sole ground that the procedure adopted by the court below is contrary to section 126 [2] of Cr.P.C., and thereby the order is liable to be set aside. The learned counsel for the petitioner reli





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