ORDER :

This is a Criminal Revision Case is filed on behalf of the petitioner, who is the respondent in M.C.No.12 of 2008, on the file of the Judge, Family Court, East Godavari at Rajahmundry, questioning the order, dated 07.07.2008 in M.C.No.12 of 2008 where under the learned Judge, Family Court, East Godavari at Rajahmundry, allowed the maintenance case filed by the petitioners therein directing the respondent therein, who is the petitioner herein, to pay a sum of Rs.1,000/- per month to each petitioners i.e., Rs.2,000/- P.M. in total, towards their maintenance allowance from the date of filing of the petition and further directed to pay the said maintenance allowance to the petitioners on or before 10th of every month without fail.

2. The parties to this Criminal Revision Case will hereinafter be referred as described before the learned Judge, Family Court, East Godavari at Rajahmundry, for the sake of convenience.

3. The petitioners in the Maintenance Case No.12 of 2008 filed the same under Section 125 of Code of Criminal Procedure (“Cr.P.C.” for short) before the Judge, Family Court, East Godavari at Rajahmundry, seeking to give direction to the respondent therein to pay Rs.2,000/- each to them every month towards their maintenance.

4. The case of the petitioners in the said case, as set out in the petition, in brief is as follows:

The marriage of the first petitioner was performed with the respondent on 10.05.1998 at Lingampeta, Rajahmundry in the house of parents of the first petitioner as per Hindu religious, rights and customs. Father of the first petitioner gave Rs.2,00,000/- to the respondent towards customary gift. Father of the first petitioner presented Sare Samans worth of Rs.50,000/- when the first petitioner joined with the respondent. The respondent has father and two sisters. First petitioner is the niece of the respondent and elder daughter of the elder sister. Respondent’s younger sister is widow and working as a Teacher. She was living with the respondent. First petitioner and respondent lead their marital life happily for some time. Later, at the instigation of the father of the respondent and his younger sister, he ill-treated the petitioner. They all together necked out the first petitioner. The respondent attributed false allegations against the first petitioner that she is suffering with mental disorder. First petitioner filed Criminal Case under Section 498A of Indian Penal Code (“I.P.C.” for short). The respondent filed O.P.No.82 of 2001 for divorce and it was dismissed for default. At the instance of family elders and mediators, the respondent agreed to take the first petitioner to his fold. The first petitioner got pregnancy and begotten a baby child by name Santhi. The parents of the first petitioner took first petitioner for delivery at the 7th month pregnancy. Child was born in Nursing Home at Rajahmundry and the parents of the first petitioner borne all expenses in this regard. After she gave birth, respondent did not go to see his child. He did not come back till date. The first petitioner and her parents requested the respondent to come and see the child. He did not provide any maintenance to the first petitioner and child. After six months, second petitioner suffered from brain nerves system disorder. The first petitioner’s parents spent huge amounts. Even then respondent did not come forward. Petitioners are not able to maintain themselves. Respondent neglected and deserted the petitioners. He is not paying any maintenance. The first petitioner issued a legal notice, dated 11.02.2002 and respondent replied with false allegations. Hence, the petition.

5. The respondent got filed a counter denying the averments in the petition and contending in substance that first petitioner is suffering with mental disorder and she is a lunatic. They are not the false allegations and it is a fact. It is denied that due to marital life, first petitioner got pregnancy. The second petitioner is an illegitimate chi