IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.945 of 2010 DATE:10.08.2010 Between: B.S.Chandrasekhar …… Petitioner And: Syamala @ Indrani and another …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.945 of 2010 ORDER : This revision petition is filed by the husband questioning order dated 04.01.2010 passed by the Judicial Magistrate of the First Class, Hindupur in Crl.M.P.No.501 of 2007 in M.C. No.8 of 2000 by which the lower Court dismissed the petition filed by the husband under Section 127(3) Cr.P.C. refusing to cancel maintenance award dated 31.08.2002 passed in M.C. No.8 of 2000 against the petitioner. 2) The 1st respondent is wife of the petitioner. Since some time prior to the year 2000 both of them have been living separately. The 1st respondent filed M.C. No.8 of 2000 in the lower Court under Section 125 Cr.P.C against the petitioner and obtained order dated 31.08.2002 for payment of maintenance of Rs.400/- per month by the petitioner to the 1st respondent. 3) While so, the petitioner filed O.P.No.31 of 1999 against the 1st respondent under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights in the Senior Civil Judge Court, Hindupur and obtained decree dated 31.08.2001 granting restitution of conjugal rights. As against the said decree, the 1st respondent herein filed C.M.A.No.2599 of 2001 in this Court. 4) Thereafter, the petitioner filed O.P.No.26 of 2004 against the 1st respondent in the Senior Civil Judge Court, Penukonda for judicial separation or divorce under Sections 10 and 13 of the Hindu Marriage Act, 1955 and obtained decree dated 23.11.2004 granting judicial separation. As against the said decree, the 1st respondent filed C.M.A.No.77 of 2005 in this Court. 5) The Division Bench of this Court disposed of C.M.A.Nos.2599 of 2001 and 77 of 2005 by common judgment dated 02.02.2006 dismissing both the appeals without costs and granting permanent alimony of Rs.10,000/- to be paid by the petitioner to the 1st respondent within three months. In those circumstances, the petitioner filed Crl.M.P.No.501 of 2007 in the lower Court under Section 127(3) Cr.P.C for cancellation of maintenance order dated 31.08.2002 passed in M.C. No.8 of 2000. The lower Court negatived claim of the petitioner and refused to cancel the earlier maintenance order. 6) It is contended by the petitioner’s counsel that permanent alimony is permanent maintenance granted to the wife from the petitioner and that therefore the previous order of granting maintenance of Rs.400/- per month by the criminal Court cannot continue to operate thereafter. Section 127(1) Cr.P.C. provides for alteration of maintenance order passed under Section 125 Cr.P.C on proof of a change in the circumstances of any person receiving the maintenance. Section 127(3) Cr.P.C provides for cancellation of the maintenance in case the woman in whose favour maintenance was granted, has been divorced by her husband, on proof of specified circumstances therein. In the case on hand, apart from decree for restitution of conjugal rights and further decree for judicial separation between the parties, the Division Bench of this Court granted permanent alimony of Rs.10,000/- to the 1st respondent from the petitioner. 7) It is contended for the petitioner that the petitioner paid a sum of Rs.10,560/- in Crl.M.P.No.751 of 2004 and thereafter paid Rs.3,000/- in Crl.M.P.No.326 of 2006 in the lower Court and that therefore he need not pay any further amount as already he paid more than Rs.10,000/- in Crl.M.P.No.751 of 2004 and Crl.M.P.No.326 of 2006. The above amounts of Rs.10,560/- and Rs.3,000/- were paid towards arrears of maintenance payable by the petitioner to the 1st respondent prior to the year 2006. They were not paid towards permanent alimony in pursuance of order dated 02.02.2006 passed by the Division Bench of this Court. It is not the petitioner’s contention that the petitioner paid any further sum of Rs.10,000/- to the 1st respondent towards permanent alimony as per the common judgment of the Division Bench of this Court in C.M.A.Nos.2599 of 2001 and 77 of 2005. Without payment of any amount under the head of permanent alimony, the petitioner is not entitled for cancellation of earlier maintenance order in M.C.No.8 of 2000. Cause of action for the present petition will arise only in case the petitioner paid the sum of Rs.10,000/- towards the head of permanent alimony. Mere payment of arrears of maintenance in Crl.M.P.No.751 of 2004 and Crl.M.P.No.326 of 2006 in the lower Court will not clothe the petitioner with any right to claim for cancellation of the previous maintenance order, even though arrears of maintenance amount paid by the petitioner were over and above Rs.10,000/-. 8) In the absence of plea and proof of payment of permanent alimony amount of Rs.10,000/- by the petitioner to the 1st respondent within the time provided in the common judgment dated 02.02.2006 of the Division Bench of this Court, the petitioner cannot seek for cancellation of earlier order of maintenance. In view of this fact situation, P.Archana @ Atchamamba V. Varada Siva Rama Krishna[1] of this Court and K.Savitramma V. K.Venkatalaxmi Narayana Gupta (Unreported decision of this Court in Crl.P.Nos.1730 and 1782 of 2007, dated 24.11.2009) have no application herein. 9) In the result, the revision petition is dismissed. _______________________________ SAMUDRALA GOVINDARAJULU, J August 10, 2010 KSH [1] 2008(4) ALD 408(DB)