IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4247 of 2009 DATE: 22.12.2011 Between: Bukkya Rajamma …… Petitioner And Bukkya Mallunaik and another …… Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.4247 of 2009 ORDER : The wife filed this criminal petition questioning revisional order passed by the II Additional Sessions Judge, Chittoor at Madanapalle by which maintenance order passed by the Magistrate was set aside. Apart from other facts and evidence on merits, the petitioner is not entitled for maintenance on the sole ground that she suffered decree for restitution of conjugal rights in O.P.No.95 of 2004 dated 30.03.2005. The said petition for restitution of conjugal rights was filed by the husband prior to the wife filing M.C. No.37 of 2005 before the Magistrate. In spite of the order of restitution of conjugal rights, the Magistrate erroneously granted maintenance to the wife. The said order dated 30.03.2005 in O.P. No.95 of 2004 became final. The petitioner has no justification to live separately from her husband and claim maintenance from him. 2) Accordingly, the criminal petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J December 22, 2011 ksh