THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.587 of 2004 JUDGMENT: The wife who was unsuccessful before the lower appellate Court filed the present Criminal Revision Case questioning the order, dated 10.04.2003, whereby the learned II Additional Sessions Judge, Nalgonda, set aside the maintenance amount awarded to her in M.C.No.14 of 2001 by the Judicial Magistrate of First Class, Huzurnagar, vide judgment, dated 07.03.2002. Alleging that the respondent-husband has neglected her and their children, the wife-petitioner herein filed the said M.C. under Section 125 Cr.P.C. claiming maintenance at the rate of Rs.500/- per month to her and Rs.400/- each to their children-petitioners 2 and 3 herein. The trial Court taking into consideration the overall circumstances, allowed the said M.C. awarding maintenance at the rate of Rs.500/- per month to the first petitioner-wife and Rs.300/- each to petitioners 2 and 3 herein per month. The same was questioned by the first respondent herein-husband by filing Crl.R.P.No.23 of 2002 before the II Additional Sessions Judge, Nalgonda, who by his judgment, dated 10.04.2003, while holding that petitioners 2 and 3 herein-children are entitled to maintenance, however, came to the conclusion that the first petitioner herein-wife is having sufficient means and as such, the husband-the first respondent herein need not pay any maintenance to her. As stated supra, the same is challenged by the wife by filing this Criminal Revision Case. Heard learned counsel appearing on either side and perused the impugned judgment. May be, it is true that the first petitioner is having some means but the same cannot be said to be sufficient means. It is on record that the first respondent-husband is employed and is getting sufficient salary. In those circumstances, this Court is of the view that the lower appellate Court ought not to have set aside the order of the trial Court passed in the said M.C., insofar as awarding maintenance to the first petitioner-wife is concerned. Accordingly, the Criminal Revision Case is partly allowed and the first respondent-husband is directed to pay maintenance to the first petitioner-wife at the rate of Rs.300/- per month. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 03rd February 2011 DR