IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD Wednesday, July 20, 2011 Present: Hon’ble Sri Justice N. Ravi Shankar Crl.P.No. 5886 of 2011 Between: Chilaka David …Petitioner and The State of AP and another …Respondents THE HON’BLE SRI JUSTICE N. RAVI SHANKAR Crl.P.No. 5886 of 2011 O r d e r: Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. 2. The petitioner is the husband. The petitioner’s wife filed a maintenance case under section 125 Cr.P.C. on the file of the court of Judicial Magistrate of First Class, Utnoor, Adilabad District and the said Magistrate on consideration of the facts of case granted Rs.1,000-00 per month towards maintenance from the date of the petition. That order has been confirmed by the learned Judge, Family Court-cum-Additional Sessions Court, Adilabad in Crl.R.P.No. 11 of 2011. 3. Learned Sessions Judge also considered the matter and agreed with the learned JFCM holding that the wife in principle is entitled to maintenance and the quantum fixed by the learned Magistrate is also reasonable. 4. Learned counsel for the petitioner firstly pointed out that as the wife herself deserted the petitioner and left his society, she is not entitled to separate residence and maintenance. Further he also argued that the husband has no means to pay Rs.1,000-00 per month. These are all disputed questions of fact and have been considered by the courts below and they were concluded in favour of the wife. Accordingly I do not see any reason to admit this petition as the impugned order does not suffer from any illegality or infirmity. 5. Accordingly this petition is dismissed. _____________________ N. RAVI SHANKAR, J. July 20, 2011. *BVS