IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1228 of 2010 DATE:06.07.2010 Between: O.Umakar …… Petitioner/Respondent And: Smt.O.Lalithakala @ Vyjayanthi and another. …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1228 of 2010 ORDER: The husband seeks to file this revision petition against order dated 09.03.2010 passed by the Judge, Additional Family Court, Hyderabad in M.C. No.66 of 2008 granting maintenance of Rs.3,500/- per month under Section 125 Cr.P.C. There is no dispute about marriage between the parties and subsistence of that marriage when the maintenance case was filed and when it was disposed of by the lower Court. There is also no dispute that both the parties are living separately from each other. The petitioner contends that there was no justification for the wife to leave his company and that the wife has left his company voluntarily. On the other hand, the 1st respondent/wife contended that the petitioner treated her more like a maid-servant than a wife and that his family members also were treating her in the same manner and that the petitioner himself left the 1st respondent at her parents’ house. There was strained relationship between the parties and it resulted in filing a case under Section 498-A I.P.C also against the husband. Therefore, it cannot be said that there is no justification for the wife to live separately and claim maintenance. 2) It is contended by the petitioner’s counsel that amount of Rs.3,500/- granted towards maintenance per month to the 1st respondent is on higher side and that even as per the 1st respondent’s prayer in divorce O.P, she was granted interim maintenance of Rs.2,500/- per month. In the impugned order, the lower Court was not considering granting of any interim maintenance, but was considering maintenance itself. There is no dispute that the petitioner is working as postal assistant in the postal department of the Government of India. He is getting gross salary of more than Rs.20,000/- per month and net salary of Rs.13,000/- per month. It is contended that the petitioner has got widowed mother and four un-married sisters and that he does not own a house and he is living in a rented house by paying Rs.5,000/- as rent. When the petitioner is shelling down Rs.5,000/- for residential accommodation alone, it cannot be said that maintenance of Rs.3,500/- per month granted to the 1st respondent/wife towards food, clothing, shelter, medicines and other expenses is excessive. I do not find any illegality or irregularity or impropriety in the lower Court granting maintenance of Rs.3,500/- per month to the 1st respondent/wife. 3) Hence, the revision petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J July 6, 2010 KSH