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2023 Supreme(AP) 307

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. RAVINDRA BABU, J.
Banala Atchutha Sridhar Chinni – Petitioner
Versus
Banala Victoria Rani And Others - Respondents
Criminal Revision Case No.2109 Of 2009
Decided On : 16-02-2023

Advocates Appeared:
For the Petitioner: Venkateswarlu Posani.

Headnote:

Criminal Procedure Code,1973 - Section 125 - Seeking maintenance - Demand for money to start husband of the first petitioner and the father of the second petitioner - Marriage of first petitioner with respondent took place Church customs and usages - Respondent was working as Tutor in Computer Training Centre called as TRS Institute, , 7th Line parents of first petitioner presented cash - Respondent also set up a new demand for money to start computer business at Guntur - Held, respondent did not prove contrary - Admitted income of the respondent even at time of marriage as he was working as a Tutor as and he deposed same in his cross examination - Petitioners is that the respondent was drawing - Petitioners did not file any proof in this regard, but, the moment respondent admitted that he was working in a private company as on date of marriage, he was supposed to file proof by producing his salary certificate, but, he did not file his salary certificate Without proper proof, he put forward a contention that he was terminated from job after the marriage - Even it is not substantiated - Evidence on record goes to show that respondent was not interested before Court in proving his monthly income - Criminal Revision Case is dismissed

ORDER :

1. This Criminal Revision Case is filed by the petitioner, who is respondent in M.C.No.216 of 2008, on the file of learned Judge, Family Court-cum-Additional District Judge, Guntur, challenging the judgment, dated 10.11.2009 in the said maintenance case where under the learned Judge, Family Court-cum-Additional District Judge, Guntur, allowed the said maintenance case by directing the respondent, who is the Revision Petitioner herein, to pay monthly maintenance of Rs.1500/- to the first petitioner and Rs.900/- to the second petitioner in the maintenance case from the date of filing of M.C. i.e., 10.09.2008.

2. The parties to this Criminal Revision Case will hereinafter be described before the Court below for the sake of convenience.

3. The case of the petitioners in M.C.No.216 of 2008, on the file of Judge, Family Court-cum-Additional District Judge, Guntur, in brief, according to the averments of the petitioners are as follows:

    (i) The respondent is the husband of the first petitioner and the father of the second petitioner. On 19.08.2004 the marriage of the first petitioner with the respondent took place at St. West Parish Church, Guntur, as per Christian customs and usages. By then, the respondent was working as Tutor in Computer Training Centre called as TRS Institute, Lakshmipuram, 7th Line, Guntur. The parents of the first petitioner presented cash of Rs.3,00,000/- and further customary presentations and household articles worth of Rs.50,000/- at the time of marriage.

(ii) The marriage is consummated and the first petitioner joined with the respondent at Prakash Nagar, where they lived for some time. Subsequently, they shifted to a rented house in Seetharam Nagar, 3rd line and resided there together. During the wedlock, they are blessed with a son, David Rohit, on 29.11.2005. Afterwards, respondent developed aversion towards the first petitioner and harassed her physically and mentally without any reasonable cause. He beat the first petitioner in the presence of his mother and other family members. The family members and the respondent used to support his attitude towards the first petitioner.

(iii) The respondent also set up a new demand for money to start computer business at Guntur. The first petitioner learnt that the respondent is addicted to bad vices and he used to sell away household articles given to him at the time of marriage. On account of the harassment made by the respondent, the first petitioner’s father gave Rs.25,000/- to start the business but respondent did not change his behavior. In January, 2006 on one day, he beat the first petitioner indiscriminately and necked out her from the house in the midnight. Hence, she went to her parents’ house. Later, they tried for conciliation, but, in vain. Respondent developed illegal intimacy with one K. Kamala Kumari and the first petitioner questioned the respondent about his illegal contact. He simply admitted his illegal relation in the presence of elders but did not change his attitude. In spite of several mediations, respondent did not agree to take back the petitioners.

(iv) The respondent completed B.E. Degree and he is working as a Tutor in TRS Computer Training Centre. He is drawing salary of Rs.8,000/- per month. He has two portions of RCC permanent building worth of Rs.9,00,000/- and he is drawing rentals of Rs.3,000/- per month. Hence, the petitioners are entitled to receive towards monthly maintenance of Rs.3,000/- per month each and the respondent is liable to pay the same.

4. The respondent before the Court below got filed a counter denying the case of the petitioners and his contention, in brief, is that he is not a Christian and he is Vaddera by caste of Hindu Community. Without giving Baptism to the respondent, his marriage was performed with the first petitioner. No cash and other presentations were given to him at the time of marriage as alleged. On the date of marriage the first petitioner spent few hours at the parents’ house of the re

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