THE HON'BLE SRI JUSTICE D.RAMESH
CRIMINAL REVISION CASE NO.2887 OF 2018
ORDER:-
The present revision is filed aggrieved by the orders, dated
23.07.2018, in Crl.A.No.132 of 2014 in D.V.No.3 of 2011 on the file
of the XI Additional District and Sessions Judge, Gudiwada.
Initially, the respondents had filed an application for grant of
maintenance in D.V.C.No.3 of 2011 and the same was disposed of by the Additional Judicial First Class Magistrate, Gudivada on 02.09.2014 directing the 1st respondent i.e., 1st petitioner herein to pay an amount of Rs.15,000/- each to the petitioners 1 to 3 therein/respondents 1 to 3 herein, on or before 10 th of every succeeding month. Aggrieved by the said orders, the respondents had filed an appeal and the same was numbered as Crl.A.No.132 of 2014 before the XI Additional District and Sessions Judge, Gudiwada. The said appeal was allowed in part and directed the respondents with the following order:
"Point No.3:
"In the result, the appeal filed by the applicants is allowed in part, by modifying the order passed by the learned Additional Judicial First Class Magistrate, Gudivada, dated 02.09.2014 in D.V.C.No.3 of 2011, as follows:
i) The maintenance granted by the learned trial Court @ Rs.15,000/- per month to each applicant from the 1st respondent is enhanced @ Rs.20,000/- per month to each applicant from the date of order passed by the trial Court i.e., from 02.09.2014, and the 1st respondent is directed to pay maintenance to applicants 1 to 3 @ Rs.20,000/- per month on or before 10th of every succeeding month;
ii) The 1st respondent is directed to pay arrears of maintenance amount to the 1st applicant within six months from the date of judgment in this appeal;2
iii) The 1st respondent is directed to pay an amount of Rs.5,000/- per month towards house rent to the 1st applicant from the date of order of the trial Court i.e., from 02.09.2014, and he is directed to pay monthly rent amount of Rs.5,000/- on or before 10th of every succeeding month, and the arrears of rent amount shall be paid to the 1st applicant in two installments within six months from the date of judgment in this appeal;
iv) The 1st respondent is further directed to pay an amount of Rs.50,000/- to the 1st applicant towards damages for the injuries, including mental torture and emotional distress caused by the acts of Domestic Violence Act, and the 1st respondent is directed to pay the said amount of Rs.50,000/- to the 1st applicant within six months from the date of judgment in this appeal.
v) The rest of the reliefs as sought for by the applicants are dismissed."
2. Aggrieved by the same, the petitioners herein had filed the present revision. The learned counsel appearing on behalf of the petitioners has submitted that the 1st respondent is highly qualified and working woman, hence, she is not eligible for maintenance. He further submits that without therebeing any substantial material, the Court below has considered only based on the apology letter given at the police station granted damages of Rs.50,000/- towards injuries. In reply to the said submissions, the learned counsel appearing on behalf of the respondents has filed a downloaded document from the JDA software, where the 1st petitioner is working as Vice-President. According to the said document, the petitioner is getting nearly 200k$ per annum. Hence, he is having means to pay the interim maintenance as directed by the Court below.
3. Having perused the record and after hearing both the counsels, I am of the opinion that instead of going into the merits 3 of the case, the orders, dated 23.07.2018, passed in clause (iii) of Point No.3 in Crl.A.No.132 is confirmed and in respect of clause
(iv) of Point No.3 with regard to the damages are concerned is set aside and the Court below is directed to consider D.V.C.No.3 of 2011 on the file of the Additional Judicial First Class Magistrate, Gudivada on merits and dispose of the same expeditiously not later than four weeks from the date of this order.
4. Accordingly, the Criminal Revision Case is disposed of. The respondents are given liberty to move an application for arrears before the Additional Judicial First Class Magistrate, Gudivada.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________ JUSTICE D. RAMESH Date : 28.12.2021 SPP 4 THE HON'BLE SRI JUSTICE D.RAMESH CRIMINAL REVISION PETITION NO.2887 OF 2018 Date : 28.12.2021 SPP