HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4857 of 2008 Date: 08-07-2010 Between: B. Shiva Shankar …. Petitioner and State of Andhra Pradesh and another ……….. Respondents HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No. 4857 of 2008 ORDER: This Criminal Petition is filed challenging the order, dated 16-06- 2008 in Crl.R.P.No.62 of 2007 on the file of the IV Additional District and Sessions Judge (FTC) at Mahabubnagar. The parties will be referred to as they are arrayed in the maintenance case. The second respondent herein filed M.C.No.10 of 2006 under Section 125 (1) (a) of Cr.P.C. with the following averments: The marriage between the petitioner and respondent was performed on 02-12-2004 as per Hindu Rights and Customs and after marriage, they both lead happy marital life at Wanaparthy for 10 days and thereafter the mother of respondent took away the gold ornaments of the petitioner and abused her and threatened to kill her by pouring kerosene and also stated that her husband would marry another girl. Due to the beating of the petitioner by the respondent and his mother, petitioner suffered severe stomachache due to which she was shifted to the hospital of Dr. Joshi. The respondent failed to appear to give consent for abortion before the hospital. The petitioner lived with her parents for some time after the incident. Thereafter, in the month of August, 2005, the respondent took a rented house and the petitioner joined him, but the respondent did not return home at least during nights. The respondent did not return home at least during nights and he stayed in his parents’ house and filed O.P.No.2 of 2006 before the Senior Civil Judge, Wanaparthy for restitution of conjugal rights and therefore, the petitioner left the respondent and was staying in her brother’s house at Wanaparthy as she is not in a position to maintain herself and she has no income of her own. The respondent is having two houses, three plots and also is running jewellary shop at Shankar Gunj, Wanaparthy and earning Rs.3,000/- every month through his business and Rs.5,000/- every month by way of rents. Hence, the petitioner sought for maintenance of Rs.3,000/- every month. The trial Court, after considering the evidence adduced by both parties, allowed the petition in part directing the respondent/petitioner herein to pay maintenance to the petitioner/second respondent herein @ Rs.1,500/- per month. Aggrieved over the same, the respondent/petitioner filed Crl.R.P.No.62 of 2007 and the same was dismissed by confirming the order of the trial Court. Aggrieved over the same, the present Criminal Petition has been filed. The grievance of the petitioner herein is that the lower Court ordered maintenance of Rs.2000/- per month and the learned counsel for the petitioner submitted that the petitioner is doing coolie work and he is not in a position to pay that huge amount and in any event, he submitted that the petitioner is ready to pay maintenance @ Rs.1,500/- per month. It is further submitted that the petitioner has been paying Rs.1,000/- per month as per the interim order, dated 05-08-2008 passed by this Court. The learned counsel for the respondent has also no objection for the same. Being both parties agreed, the petitioner herein is directed to pay a sum of Rs.1,500/- per month to the second respondent herein as maintenance from the month of July, 2010. The Criminal Petition is disposed of accordingly. _____________ RAJA ELANGO, J Date: 08-07-2010 YCR