IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1241 OF 2010 BETWEEN: Aithagoni Chandraiah S/o. Pentaiah …. Petitioner AND State of A.P., rep. by Public Prosecutor, High Court of A.P., Hydesrabad and another …. Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1241 OF 2010 ORDER: This revision is sought to be filed by the husband against order dated 10-06-2010 passed by the Judge, Family Court, Nalgonda in Criminal Appeal No.29 of 2010 dismissing the appeal for default. It is noted by the lower appellate Court that on that day, the appellant was absent and there was no representation for the appellant. 2. It is contended by the petitioner’s counsel that though the appellant was not present, the appellant’s counsel was present and filed a petition under Section 317 Cr.P.C. to condone absence of the appellant on that day and that the lower appellate Court after dismissing the said petition, dismissed the appeal for default. The impugned order does not show that the appellant’s counsel was present on that day when that order was passed, much less the appellant’s counsel filed petition under Section 317 Cr.P.C. It is evident that the petition under Section 317 Cr.P.C. was filed with oblique motive of creating a ground in the revision petition, subsequent to dismissal of the appeal. Since the appeal was dismissed, naturally the lower appellate Court dismissed that petition also. This Court gave liberty to the appellant’s counsel who appeared in the lower appellate Court to appear before this Court and file an affidavit to the effect that inspite of he filing a petition under Section 317 Cr.P.C., the lower appellate Court dismissed the appeal for default by endorsing that there was no representation. The appellant’s Advocate in the lower appellate Court did not appear and did not file any affidavit to the above effect. Therefore, this Court disbelieves presence of the appellant’s advocate on 10-06-2010 when the appeal was called by the lower appellate Court. 3. The petitioner’s counsel contended on merits to the effect that the second respondent / wife herself left company of the petitioner and that in any event, maintenance of Rs.2,000/- per month granted by the Magistrate is excessive. The second respondent as PW-1 narrated harassment meted out by the petitioner towards her, as alleged in the complaint. According to PWs.1 and 2, the petitioner refused to take back PW-1 and refused to live with her and that he filed petition for divorce against PW-1. In the circumstances, the Magistrate rightly found that the petitioner is guilty of domestic violence against the second respondent. 4. Insofar as maintenance of Rs.2,000/- per month is concerned, it works out at Rs.66/- per day. Having regard to the cost of living now-a-days, it cannot be said that a person can reasonably live with a sum of Rs.66/- per day. There is no dispute that the petitioner is working as auto driver. He also claims as RW-1 that apart from auto driver work, he is doing mason work also. According to PW-1, the petitioner is earning Rs.10,000/- per month as auto driver and that the petitioner is also having agricultural land and getting income of Rs.50,000/- per year. 5. It is contended by the petitioner’s counsel that the second respondent is working as maistri for coolies in NREGP of the Government and is getting at least Rs.120/- per day. The petitioner did not produce any document to prove disbursement of any money to the second respondent under that program. Having regard to all the circumstances of the case, this Court is of the opinion that the lower appellate Court is justified in dismissing the appeal and that the Magistrate is also justified in awarding maintenance of Rs.2,000/- per month to the second respondent from the petitioner. 6. In the result, the revision petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J July 14, 2010 KTL