THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.269 OF 2005 DATED 10th DECEMBER, 2010. BETWEEN : G.Gnana Suvarna Raju ..Petitioner-accused and 1) Smt.G.Evanjilin @ Chitti 2) The State of A.P. ..Respondents THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.269 OF 2005 ORDER: This Criminal Revision Case under Section 397 read with 401 of the Code of Criminal Procedure is filed by the petitioner- respondent against the order, dated 27.11.2005, passed in Maintenance Case No.64 of 2004 by the learned IV Additional Munsif Magistrate, Guntur, wherein the learned Magistrate directed the petitioner herein to pay a sum of Rs.3,500/- per month towards maintenance. Heard. Learned counsel for the petitioner submits that the respondent, who is the wife of the petitioner, has already executed a relinquish deed dated 03.01.1989 on mutual consent and she is also living separately. Further, it is submitted by the petitioner’s counsel that even though she is living separately, in pursuance of the consent deed the petitioner is paying Rs.5,000/- to the respondent even though she is entitled only to the extent of Rs.3,500/- and the respondent’s counsel also fairly concedes for the same. The only grievance of the petitioner is that the said payment should not be on the basis of the order passed by the Court in M.C.No.64 of 2004. The learned counsel for the respondent is also not having any serious objection since the respondent is receiving the maintenance amount. In view of the fact that the parties entered into an agreement with mutual consent and the respondent is also living separately, this Court is of the view that the order passed by the learned Magistrate in M.C.No.64 of 2004 by allowing the petition and ordering the petitioner to pay a sum of Rs.3,500/- is liable to be set aside and the same is accordingly set aside. Accordingly, the Criminal Revision Case is allowed. ________________________ JUSTICE RAJA ELANGO Dated : 10.12.2010 sur