HON'BLE SMT. JUSTICE G.ANUPAMA CHAKRAVARTHY
CRIMINAL REVISION CASE No.209 of 2023
ORDER:
This criminal revision case is filed to set aside the order, dated 06.12.2022 passed in Crl.A.No.131 of 2021 in Crl.M.P.No.307 of 2021 in D.V.C. No.27 of 2021 on file of the II Additional District and Sessions Judge-Cum-II Additional Metropolitan Sessions Judge, M.M District, at Kukatpally.
2. Heard learned counsel for the petitioners as well as Sri S.Ganesh, learned Assistant Public Prosecutor appearing for respondent No.5.
3. The petitioners have filed D.V.C.No.27 of 2021 against respondent Nos.1 to 4. Initially, the petitioners have filed Crl.M.P.No.307 of 2021 in DVC No.27 of 2021 against respondent Nos.1 to 4. The 1st respondent is the husband of the 1st petitioner and the 2nd petitioner is the son of respondent No.1 and petitioner No.1, aged about five years at the time of filing D.V.C.
4. It is the specific contention of the learned counsel for the petitioners that the petitioners filed maintenance petition for an 2 amount of Rs.75,000/- per month and also to pay Rs.25,000/- towards education of the 2nd petitioner and equal sum towards medical expenses of the 1st petitioner. A detailed counter was filed by the respondents denying all the contentions of the petitioners.
5. A perusal of the detailed counter filed by the respondents discloses that petitioner No.1 is legally wedded wife of respondent No.1. During the subsistence of marriage, one male child was born to them, who is aged about 5 years. Petitioners are residing in Tower 1, Flat No.1510, Swan Lake Apartments, Kukatpally, Hyderabad and respondent No.1 left the company of petitioners. The trial Court in its order dated 30.03.2021 in Crl.M.P.No.307 of 2021 in D.V.C.No.27 of 2021, noticed that respondent No.1 has bounden duty to provide basic amenities and also accommodation to the petitioners pending disposal of main D.V.C. and passed order directing respondent No.1 to provide shelter to petitioners till disposal of the case. If respondent No.1 has no capacity to provide permanent residence, then he can pay rent for the said apartment where petitioners are staying or he may allocate any other residence to the petitioners immediately. The trial Court further 3 directed respondent No.1 to take responsibility of petitioner No.2 regarding his education and directed to pay maintenance of Rs.15,000/- to the petitioners from the date of petition until further orders or till disposal of the main petition.
6. Being aggrieved by the same, respondent No.1 i.e., husband of petitioner No.1 has preferred an appeal. Initially, docket order, dated 21.06.2021, was passed by the first appellate Court in Crl.M.P.No.596 of 2021 in Crl.A.No.131 of 2021, partly allowing the petition and directed respondent No.1 to comply the order dated 30.03.2021 passed by the VIII Additional Metropolitan Magistrate in Crl.MP.No.307 of 2021 in D.V.C.No.27 of 2021 so far as payment of interim maintenance amount is concerned and suspended the direction with regard to providing shelter to the petitioners, pending disposal of the appeal.
7. Subsequently, the first appellate Court on 06.12.2022 has allowed the criminal appeal setting aside the order dated 30.03.2021 in Crl.MP.No.307 of 2021 in D.V.C.No.27 of 2021 and directed the trial Court to decide the petition afresh by following 4 the judgment rendered by the Hon'ble Apex Court in Rajesh v. Neha, 1.
8. It is the contention of the learned counsel for the petitioners that petitioners have filed all the documents including the assets and liabilities of both the parties and trial Court disposed of the Crl.MP.No.307 of 2021 in D.V.C.No.27 of 2021 in favour of the petitioners and the first appellate Court, at the time of disposing of the appeal, remanded the matter to decide afresh and therefore, it is just and necessary to set aside the orders of the appellate Court, as there is every necessity for the petitioners to have maintenance towards their livelihood.
9. It is also the specific contention of the petitioners that as per Sections 18, 19, 20, 21 and 22 of DVC (Domestic Violence Act), the Court is empowered to grant reliefs to the parties as far as shelter, maintenance and compensation are concerned and there is no error or irregularity in the orders of the trial Court and so prayed to confirm the orders of the trial Court.
1 (2021) 2 SCC 324 5
10. After considering the entire material on record, this Court is of the considered view that the matter is only remanded back to the trial Court to pass orders afresh as per the judgment rendered by the Hon'ble Apex Court in Rajnesh's Case(supra). Therefore, there is no error in the impugned order passed by the appellate Court. If the statement of assets and liabilities of both the parties are available, the trial Court, instead of wasting time, can consider all those documents and if at all those documents are not placed before the trial Court, it may direct the parties to place all the documents and pass necessary orders on or before 15.06.2023.
11. With the above observations, Criminal Revision Case is disposed of.
Pending miscellaneous applications, if any, shall stand closed.
___________________________________ G.ANUPAMA CHAKRAVARTHY, J Date: 28.04.2023 Lk