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.

JUDGMENT

A.V. Ravindra Babu, J. - The Criminal Revision Case is filed by the Revision Petitioner, who was the respondent in M.C.No.162 of 2005, on the file of Judge, Additional Family Court, Visakhapatnam, questioning the order, dated 17.06.2009, whereunder the learned Judge, Additional Family Court, Visakhapatnam in the maintenance case directed the respondent therein to pay monthly maintenance of Rs.3,000/- to the first petitioner and monthly maintenance of Rs.1,000/- to the second petitioner thereby a total sum of Rs.4,000/- from the date of order and fixed Rs.1,000/- as Advocate fee.

2. The parties to this Criminal Revision case will hereinafter be referred as described before the trial Court, for the sake of convenience.

3. The case of the petitioners, in brief, before the Court below, according to the averments in the petition is that the first petitioner is the legally wedded wife of the respondent and their marriage was performed on 26.04.2001 at George Club, Anakapalli, according to Hindu religion. At that time, the father of first petitioner presented a sum of Rs.1,50,000/- by way of cash and 10 tulas of gold ornaments and 2 Kgs. of silver items and sare samanulu to the respondent. Out of wedlock, the first petitioner and the respondent got the second petitioner. Since the date of marriage, the respondent at the instance of his mother started harassing the first petitioner in a cruel manner demanding additional dowry from her parents. The first petitioner expressed her inability to do so. Then the respondent beaten her indiscriminately and did not provide any food and cloths. She waited till these years with a pond hope that the respondent will change his behaviour. Contra to her expectations, he continued the highhanded acts against the first petitioner. He finally necked out the first petitioner from the matrimonial house demanding to get more amounts and then only he would allow her into their house. So, she gave a report to the police and the police registered F.I.R. under Section 498-A of I.P.C. on 11.02.2005. The first petitioner took shelter at the house of her parents. The respondent proceeded to Saudi Arabia on employment in September, 2002 and returned in June, 2003. Again he went to Dubai in June, 2004 and returned in December, 2004. During the said employment, respondent earned an amount of Rs.40,000/- per month. He also got other source of income. The respondent earned more than Rs.50 lakhs. He might have invested the amount in the banks or might have lent the same for exorbitant interest. He is getting Rs.20,000/- per month towards interest. First petitioner has no source of income. Hence, the petition.

4. The respondent got filed a counter denying the averments in the petition and resisting the prayer and his contention, in brief, is that first petitioner had qualification of B.A. Degree. The mother of first petitioner promised that she will purchase immovable property, if both are blessed with a child. He got married the first petitioner without receiving any amount. In fact, at the time of marriage negotiations, the respondent and his parents presented 5 tulas of gold ornaments to the first petitioner. He never harassed the first petitioner as alleged. He used to earn Rs.1,200/- per month at the time of marriage as a Supervisor. His father spent huge amount to send the respondent to Saudi Arabia and Dubai. First petitioner left the matrimonial house during sixth month of her pregnancy in March, 2002. First petitioner started tuitions at her parents' house and used to get Rs.2,500/- per month. The family members of the respondent and the marriage elders went to the parents' house of the first petitioner at the advice of the respondent on 05.03.2003, but she bluntly refused to join with him. After he came back to India, he and his friends went to the house of mother of the first petitioner on 29.02.2003, but they shouted and abused them in filthy language. So, he filed O.P.No.270 of 2003 before the Judge,