The quantum of maintenance to be awarded under Section 125 of Cr.P.C. depends on various factors, including the financial status of the husband, the standard of living of the wife, and the cost of living.

JUDGMENT

Subba Reddy Satti, J. - This criminal revision case was filed by the wife under Sections 397 and 401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') against the order dated 08.07.2011 in Crl.R.P. No. 16 of 2010 on the file of I Additional Sessions Judge, Srikakulam, whereby the learned Sessions Judge modified the order dated 08.02.2010 in M.C. No. 40 of 2008 on the file of the Judicial Magistrate of First Class, Rajam reducing maintenance to Rs. 5,000/- per month from Rs. 30,000/- per month.

2. For the sake of convenience, the parties in this revision are referred to as they are arrayed in M.C. No. 40 of 2008.

3. Petitioner (wife) filed M.C. No. 40 of 2008 under Section 125 of Cr.P.C., seeking maintenance of Rs. 45,000/- per month. In the petition, it was contended that the marriage between the petitioner and respondent was solemnized on 18.05.2006. At the time of marriage Rs. 8 lakhs was given as dowry apart from other panchanams. After the marriage, the respondent, his parents and sisters harassed the petitioner demanding to bring additional dowry. Besides, the respondent used to move closely with a woman by name Budithi Lalitha at his place of work at Bangalore. When the petitioner informed about the dowry harassment and love affair of respondent with the said woman, the respondents and his parents treated her with cruelty and finally, they drove out her from the house in December, 2006 and since then, petitioner is residing at her parents' house. Thereafter the petitioner raised dispute before the elders, but the respondent and his parents did not heed the advice of elders. In the month of March, 2008, the parents of respondent came to Rajam and threatened the petitioner to sign on stamp paper for giving divorce to respondent. On that petitioner gave a report to police. Respondent and his parents obtained anticipatory bail. Petitioner, being lady is unable to maintain herself and she is depending upon the mercy of her parents. The respondent is working as software engineer and getting Rs. 2,00,000/- per month and he is having vast immovable properties and getting Rs. 20 lakhs of yield on the same. Hence, she filed petition claiming maintenance.

4. Respondent filed counter and contended inter alia that petitioner is working as lecturer in English in Sistam Engineering College, Srikakulam. After the marriage, the petitioner never lived as dutiful wife and she never looked after his parents, used to pick up quarrels and used to suspect the respondent that is having contacts with several people and used to abuse him in filthy language. Petitioner lived with the respondent hardly for five months and she used to leave the matrimonial home without any intimation. It was further stated that petitioner filed domestic violence case after filing the maintenance case and the version of petitioner in both the cases is different. The petitioner and her parents also filed a criminal case with false allegations against the respondent and his parents. The respondent lost his employment, due to filing of several cases by the petitioner. The petitioner being a postgraduate is doing job and she is having sufficient means to maintain herself. Petitioner has also got movable and immovable properties at her native place and able to maintain herself and hence, she is not entitled to seek maintenance.

5. During the course of enquiry, petitioner examined herself as P.W. 1, got examined P.Ws. 2 and 3. Respondent examined himself as R.W. 1 and got examined R.Ws. 2 and 3. No documents were marked on either side.

6. Learned Magistrate by order dated 08.02.2010 allowed the M.C. No. 40 of 2009 by granting maintenance of Rs. 30,000/- per month from the date of petition and also directed to pay Rs. 10,000/- towards costs of the petition. Aggrieved by the same, respondent filed Crl.R.P. No. 16 of 2010, learned Sessions Judge modified the order of the learned Magistrate and reduced maintenance to Rs. 5,000/- per month to the petitioner from