Smt.Narala Lavanya Sridevi & Anr. v. The State of A.P

Petitioners preferred the present Criminal Revision Case under the provision of Sections 397 and 401 of the Criminal Procedure Code (in short ‘Cr.P.C.’) challenging the order dated 28.09.2010 passed in M.C.No.95 of 2004 by the Judge, Family Court, Visakhapatnam, whereby learned Judge granted monthly maintenance of Rs.2,000/- (Rupees Two Thousands only) each to petitioners herein from the date of order i.e.28.09.2010. Heard. Petitioners challenge the impugned order only to the extent of granting maintenance from the date of said order instead granting the same from the date of filing of impugned petition. Admittedly, maintenance case is filed in the year 2004 and the impugned order is passed in the year 2010. Considering the facts and circumstances and also the fact that the Court below decided the issue in favour of the petitioners that they are entitled for maintenance, this Court is of the view that the impugned order can be modified as follows: 1) R.1 shall pay the maintenance amount regularly to petitioners herein as ordered by the trial court and 2) that apart he shall also pay maintenance @ Rs.1,000/- per month to second petitioner i.e. daughter from the date of filing of impugned petition till

28.09.2010, and 3) R.1 shall pay the said amount in three equal monthly instalments commencing from the month of September, 2012. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous petitions filed in this revision, if any, shall stand closed. 9th July, 2012 _________________ RAJA ELANGO, J