THE HON'BLE SRI JUSTICE GOPALAKRISHNA TAMADA CRIMINAL REVISION CASE No.550 of 2001 BETWEEN: Nusrat Fatima @ Rahat, W/o. Mohd, Akber Ali, R/. 20-6-570, Syed-Ali-Chbutra, Hyderabad. PETITIONER AND 1. Mohd. Akber Ali, S/o. Hakeem Mohd. Ahmed Ali, Doctor Unani, R/o. 20-7-45/1, Haimmatpura, Hyderabad and another. RESPONDENTS Counsel for the petitioner: Sri Md. Qasim Counsel for the respondents: Additional Public Prosecutor The Court made the following order: ORDER: The Petitioner and her two children filed M.C.No.36 of 1998 Additional Metropolitan Sessions Judge-cum-Additional Family Court Judge, Hyderabad, against the first respondent herein under Section 125 Cr.P.C., claiming maintenance at the rate of Rs.1500/- per month to each of them. The learned Additional Metropolitan Sessions Judge- cum-Additional Family Court Judge, on consideration of the evidence and the material available on record, came to the conclusion that the petitioner is the legally wedded wife of the first respondent and the children, i.e., the petitioners 2 and 3 in the said M.C., are borne out of their wedlock. However, the learned Judge refused to grant maintenance to the petitioner/wife on the ground that she is educated and able to maintain herself. However, the Court below awarded maintenance to the children at the rate of Rs.350/- per month. Against the said order, the petitioner approached this Court and filed the present revision. Apparently the petitioner is the legally wedded wife of the first respondent. But the Court had looked into the aspect as to whether the petitioner is in a position to maintain herself or not. From the record it appears that the petitioner is a M.A. graduate in Urdu and she is working in Madrse Denia Hussainia School, whereas the first respondent is only a compounder and assisting his father, who is a medical practitioner in Unani. Under those circumstances, the Court below rightly refused to award maintenance to the petitioner/wife, which does not warrant any interference of this Court. Accordingly, the Criminal Revision Case is dismissed. _________________________ (GOPALAKRISHNA TAMADA, J.) 22nd July, 2010. Js.