VIJAYA LAXMI Vs. A JANARDHAN AND STATE OF ANDHRA PRADESH
LAWS(APH)-1992-10-8
HIGH COURT OF ANDHRA PRADESH
Decided on October 01,1992

VIJAYA LAXMI Appellant
VERSUS
A.JANARDHANAN Respondents

JUDGEMENT

- (1.)This criminal revision petition is filed by the petitioners challenging the order dt.3-3-1991 passed by the X Metropolitan Magistrate, Secunderabad in M.C.No.19 of 1989 on his file dismissing the same.
(2.)The petitioners filed the above M.C. claiming maintenance against the 1st respondent on the ground that the 1st respondent and his family members have been harassing the first petitioner constantly extending threats of dire consequences.
(3.)It may be noted that the reasoning given by the learned Magistrate for dismissing the M.C. is, ex-facie, perverse and is liable to be set aside. It is the duty of the Magistrate to decide on merits as to the grounds alleged by the petitioners are true and whether the petitioners have made out a case for maintenance and if he comes to the conclusion that the petitioners are entitled to maintenance, then he has to decide on the basis of evidence as to how much quantum of the maintenance the wife and daughter are entitled to and he must deduct the amount if any granted by the civil court so that she may take execution proceedings for the remaining amount. But, without doing the same, the lower court simply passed the following order:
"That the respondent herein has filed a certified copy of order in I.A.34/89 in O.P. No.350/88 on the file of IV Addl. Judge, Hyderabad wherein the learned Judge has ordered the respondent to pay a sum of Rs.300/ - to the petitioner and also legal expenses for Rs.1,000/- till the disposal of O.P. which is marked as Ex.P-1. In view of the said order the present petition is dismissed with costs."

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