zZTHE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.2665/2006 Dt,22-7-2010 Kashipuram Sathaiah ..Petitioner V. 1.Mallamma and others. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.2665/2006 ORAL ORDER The petitioner/husband filed this petition under Section 482 Cr.P.C., to quash the orders of II Additional District & Sessions Judge (FTC), Medak at Sangareddy dt.30-1-2006 passed in Crl.R.P.No.35/2005, whereby revision petition filed by the petitioner/husband against the orders passed by the Additional Judicial First-Class Magistrate, Sangareddy dt. 6-7-2005 in MC No.4/2004 was dismissed recording the memo filed by the petitioner that R-2 had already married and there is no need to pay maintenance to her (R- 2) and confirming the maintenance awarded to the first respondent /wife at Rs.600/- per month. The respondents 1 and 2, who are the wife and daughter of the petitioner/husband, filed MC No. 4/2004 seeking maintenance under Section 125 Cr.P.C., before the Additional Judicial First Class Magistrate, Sangareddy. The petitioner filed counter while denying the relationship between the first respondent/wife and himself stated that the first respondent’s husband name is Ramaiah; she gave birth to respondent No.2; on the death of Ramaiah she applied for widower pension scheme to the Mandal Revenue Officer, Sangareddy and she is in receipt of widower pension. To substantiate her claim, the respondent No.1 examined herself as P.W.1 besides P.W.2 and got marked Exs.P-1. On behalf of the petitioner, he himself examined as R.W.1 and two more witnesses on his behalf as R.Ws.2 and 3 and got marked Exs.R-1 to R-4. When the first respondent asserts that the petitioner is her husband and when she filed an application before the Legal Services Authority, the Legal Services Authority issued notice covered under Ex.R-3 to the petitioner directing him appear before it. In Ex.R-3, the first respondent mentioned about her marriage with the petitioner. The docket order dt. 7-12-2002 covered under Ex.P-1 clearly depicts that the petitioner/husband present and requested time for amicable settlement and the matter was adjourned to 28-12-2002. In the docket order dt. 5-4-2004 passed in LAC No.19/2002, it was clearly mentioned that both parties are present and the petitioner/husband agreed to bear the marriage expenses of the second respondent and would make all arrangements for the marriage of the respondent No.2, for which the first respondent/wife agreed and sought to refer the matter to Lok Adalath. On such agreement reached between the parties, the matter was referred to Lok Adalath by the Chairman, District Legal Services Authority, which clearly discloses that the petitioner/husband has not disputed their relationship as husband and wife and agreed to settle the matter between them. The trial court after taking into consideration the evidence adduced by the parties granted monthly maintenance at Rs.600/- to the first respondent and Rs.400/- to the second respondent. On revision, the revisional court confirmed the same, as referred to above. Learned counsel for the petitioner contends that when the first respondent receiving widower pension as the wife of Ramaiah, unless she establishes that she is the legally wedded wife of the petitioner, she is not entitled to any maintenance from the revision petitioner. I do not see any force in the contention advanced by the learned counsel for the reason that when the first respondent filed a petition for referring herself and the petitioner for DNA test, the trial court permitted the parties to appear on depositing Rs.10000/-, and when the respondent No.1 has not taken any steps to deposit the amount, the evidence adduced by the respondent No. 1 cannot be thrown out, because, prima facie Ex.P-1- settlement reached by the parties probabilises that the first respondent was the legally wedded wife of the petitioner. Therefore, there is no ground to interfere with the order passed by the lower appellate court. The Criminal Petition is accordingly dismissed. ______________ A.GOPAL REDDY,J Dt.22-7-2010 kmr