IMPORTANT POINT
A husband is legally obligated to maintain his wife and child, and claims of desertion must be substantiated to deny such maintenance.

ORDER :

1. Assailing the order dated 25.04.2016 in M.C. No. 15 of 2014 on the file of the Court of learned Judicial Magistrate of First Class at Cheepurupalli, the petitioner/respondent/ husband filed the present criminal revision case under Section 397 r/w. 401 of the Criminal Procedure Code, 1973.

2. The shorn of necessary facts leading to file the original petition as pleaded by the respondents/wife and son are that:

(i) The marriage of 1st respondent and revision petitioner was solemnized on 19.08.2010at Kshatriya Kalyana Mandapam, Vizianagaram as per Hindu caste customs and rites. On the demand, the parents of the 1st respondent presented an amount of Rs.10,00,000/- as dowry, four tulas of gold by way of ornaments and Rs.1,00,000/- worth of household articles. The marriage was consummated. The petitioner/husband suspected her fidelity and during her 4th month pregnancy, he got her aborted stating that he was not responsible for her pregnancy, due to which she suffered with mental agony. He used to behave in a sadistic manner and harassed her both physically and mentally. On 13.12.2011, she gave birth to 2nd respondent. Even then the petitioner did not change his attitude. The petitioner as well his parents used to beat her with a demand of divorce, if she failed to bring additional dowry of Rs.2,00,000/- and to execute two acres of land in his favour by her parents. Then the petitioner necked out her from the matrimonial house and threatened with dire consequences. A case under Section 498(A) of IPC was registered vide Cr. No. 94 of 2014 against the petitioner and his family members on the report of 1st respondent.

(ii) Petitioner as Inspector of Police, Urban Visakhapatnam (Intelligence) getting monthly salary of Rs.50,000/- to Rs.60,000/- besides having both movable and immovable properties at Narasannapeta also having own house worth of Rs.60,00,000/-. He always neglected to maintain her; she has no source of income; unable to maintain herself and 2nd respondent. Thereby, the petitioner/husband is bound to maintain her and their son by paying monthly maintenance of Rs.15,000/- and Rs.10,000/- respectively. Hence, the petition.

3. The petition was taken on file and numbered as M.C. No. 15 of 2014 on the file of the Court of learned Judicial Magistrate of First Class at Cheepurupalli.

4. The petitioner/husband filed counter and denied the allegations made by the 1st respondent/wife, while admitting the relationship between the parties and pleaded that:

(i) The marriage expenses were shared jointly as per their agreement. The 1st respondent is very adamant and she never adjusted with him. She used to pick up quarrels with him and also threaten that she would implicate him and his family members in false cases. She used to insist him to put up separate residence from his parents and caused mental harassment. She used to talk over phone with somebody for hours together. After birth of 2nd respondent, even he requested her to join with him, she refused. Even he obliged her demand, she never change her attitude. On 28.07.2012, she went to parental house with all her belongings including gold articles and did not return. He came to know that she joined in B.Ed. course and doing part time job. Then her family members came to his house and bet him indiscriminately and foisted a false case against him. She herself withdrawn from his conjugal society without any valid reason.

(ii) The 1st respondent working as faculty and getting considerable amount besides having lands at Kothakota Village of Srikakulam District and Cheepurupalli and getting sufficient income of Rs.10,00,000/- per annum and thus she is able to maintain herself. Thereby, prays to dismiss the petition.

5. After full-fledged enquiry, learned Judicial Magistrate of First Class at Cheepurupalli, vide order dated 25.04.2016, granted monthly maintenance of Rs.12,000/- to the 1st respondent/wife and Rs.8,000/- to the 2nd respondent/son from the date of filing of the petition i.e.