IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. SREENIVASA REDDY, J.
Mohammad Rehan – Appellant
Versus
Shabana Akhtar @ Zubeda - Respondent
Criminal Revision Case Nos.342 of 2020 & 533 of 2021
Decided on : 11-11-2022
Criminal Procedure Code, 1973 – Section 125, 397, 401 – Declaration that Divorce Certificate – Calling for records to exercise powers of revision – Criminal Revision Cases arise out of same order passed by Court below, they are being taken up together for disposal by way of this Common Order – Criminal Revision Cases, under Sections 397 and 401 of Code of Criminal Procedure, 1973, are filed against Order passed in M.C. by Judge, Principal Family Court-cum-IV Additional District Judge – Held, It is also not case of respondent that he is paying school fee and admission of his minor children and looking after them – He admitted in his cross-examination that he does not know whether his children are studying or not that he did not enquire about studies of his children – Trial Court rightly awarded maintenance amount to petitioners 2 and 3 and there is no infirmity in findings recorded by trial Court – None of findings is shown as illegal, improper, incorrect or not based on record – Since cost of living has gone up and considering present day educational and other expenses, even maintenance amount to each of them is meager – Therefore, Court is not inclined to interfere with well-reasoned order passed by trial Court – Criminal Revision dismissed.
ORDER :
Since these Criminal Revision Cases arise out of the same order passed by the Court below, they are being taken up together for disposal by way of this Common Order.
2. These Criminal Revision Cases, under Sections 397 and 401 of the Code of Criminal Procedure, 1973, are filed against the Order dated 04.02.2020 passed in M.C.No.107 of 2016 by the Judge, Principal Family Court-cum-IV Additional District Judge, Vijayawada.
3. The petitioner in Criminal Revision Case No.342 of 2020 is respondent in the M.C. and the respondents 1 to 3 in the said case are petitioners in the M.C., who are the wife and daughters of the petitioner respectively.
4. For sake of convenience, the parties are hereinafter referred to, as they are arrayed in the trial Court.
5. The petitioners filed M.C.No.107 of 2016 before the Court below against the respondent seeking maintenance of Rs.40,000/- each to them, apart from Rs.50,000/- per year to each of petitioners 2 and 3 towards their educational expenses. It is stated in the petition that 1st petitioner is legally wedded wife of respondent. Their marriage was performed on 17.04.2008 at Vijayawada as per muslim rites and customs. They were blessed with two female children viz. petitioners 2 and 3. The respondent used to take 1st petitioner to Muscat on account of his employment.
When 1st petitioner stayed in her in-law’s house in the year 2014, her in-laws, sister-in-law and others threatened her with dire consequences by using filthy language and beat her indiscriminately and demanded her to bring Rs.10.00 lakhs towards additional dowry, failing which they would not allow her to matrimonial home and necked out her from the home. Since then, 1st petitioner is residing in the house of her parents with her children and the respondent was residing at Muscat. In August, 2015, when 1st petitioner along with elders went to her in-law’s house and asked whereabouts of respondent, her in-laws and sister-in-law abused her in filthy language, demanded Rs.10.00 lakhs and sent back her stating that respondent would come in October, 2015. Thereafter, the respondent and his parents obtained divorce from Quazi of A.P. Waqf Board, Hyderabad without her consent and knowledge. 1st petitioner has no movable or immovable properties of her own and she is depending on respondent. Her parents are unable to maintain her. The respondent is working as an Accountant in Sallan Industrial Investment, LLC, Sohar of Oman, Muscat and earning more than Rs.2.00 lakhs per month and has movable and immovable properties at Hyderabad, and has got means to maintain the petitioners. He wilfully neglected the petitioners to maintain. Hence, the petition.
6. The respondent filed a counter admitting the marriage with 1st petitioner and blessing with petitioners 2 and 3 out of the wedlock and his employment at Muscat, and contended that after the marriage, 1st petitioner started quarrelling with him and did not move closely with him. She did not accept for family planning. She did not look after his parents, when he is out of country. She started harassing him to buy gold ornaments and send her to Vijayawada with valuable ornaments. He narrated an incident occurred on 17.04.2014 and stated that he was very upset and tried his level best to continue his marital life, but his efforts were in vain. 1st petitioner insulted him, threatened him with dire consequences in front of elders of both parties, when he advised her not to harass and quarrel with him. She did not change her behavior. Health of his parents deteriorated because of her harassment. They gave a report to Golconda police on 23.06.2015 with regard to SMS threatening of 1st petitioner. Under the circumstances, the respondent is unable to continue marital life with 1st petitioner, and on 19.07.2015, he pronounced talaq in the presence of two witnesses at Sohar in Oman and it has been confirmed by the office of the Government Qazi Qile Vide No.381/44/1437H, dated 16.01.2016 following due cou
The central legal point established in the judgment is that the petitioners must prove neglect and the respondent's means to maintain them to succeed in a maintenance case under Section 125 of Cr.P.C....
A wife is entitled to maintenance from her husband if she is unable to maintain herself and the husband has sufficient means to provide maintenance.
A father is liable to pay maintenance to his minor child, even if the child is in the custody of the mother, if he has neglected to maintain the child and has the means to do so.
A husband is liable to pay maintenance to his wife and child if the wife is unable to maintain herself and the husband has sufficient means to maintain them.
Maintenance awarded by the Family Court must not exceed one-third of the paying spouse's income, considering their financial capacity and the needs of the dependents.
: FIXATION OF MONTHLY MAINTENANCE - First respondent as well as the revision petitioner are financially sound- Educational expenses of the respondents 2 and 3, status of the parties and the present e....
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