IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1467 OF 2010 Between: Devabarikina Bujji … PETITIONER And The State of A.P. & another … RESPONDENTS This Court made the following: HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1467 OF 2010 ORDER: 1. The petitioner is husband of the second respondent. The lower Court i.e., Judge, Family Court, Vijayawada, granted interim maintenance of Rs.2,000/- to the wife and Rs.1,000/- each to two minor children, totaling Rs.4,000/- per month under Section 125 Cr.P.C. 2. There is no dispute about relationship between the parties. There is also no dispute that both the parties are living separately from each other. Case in Crime No.277 of 2009 for offences punishable under Sections 498A I.P.C. and Sections 3 and 4 of the Dowry Prohibition Act is pending against the petitioner on the report given by the second respondent. 3. The only contention raised by the petitioner’s counsel is that the petitioner is getting net salary of Rs.4,500/- per month and that he has got aged parents and that therefore, interim maintenance granted by the lower Court is excessive. There is no dispute that the petitioner is working as A.P.S.P. Constable drawing gross salary of about Rs.14,000/- per month. On the Pretext of maintaining aged parents, he cannot refuse to maintain his own wife and minor children. It is not known how many brothers the petitioner has got and whether any other sons or his parents can maintain them. The petitioner can as well stop his unnecessary deductions from salary and pay maintenance to his wife and children. The amount awarded by the lower Court works out at Rs.66/- per day for the wife and Rs.33/- per day for each child towards everything under the head of maintenance. I do not find any infirmity in the order passed by the lower Court. The amount of interim maintenance granted is not also excessive. 4. Hence, the criminal revision petition is dismissed. However, the lower Court is directed to dispose of maintenance case as expeditiously as possible. ______________________________ SAMUDRALA GOVINDARAJULU, J August 16, 2010 KL HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1467 OF 2010 August 16, 2010 KL