THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL REVISION CASE No.1256 of 2014
O R D E R:
Heard learned counsel for the petitioner as well as learned counsel for the respondent No.2 and learned Assistant Public Prosecutor for the State-respondent No.1 and perused the record.
02. This Criminal Revision Case is filed by the petitioner/husband under Section 397 and 401 of the Code of Criminal Procedure (for short 'Cr.P.C.,) aggrieved by the Judgment dated 17.04.2014 passed in Criminal Appeal No.299 of 2013 by the learned Additional Metropolitan Sessions Judge, Rangareddy District at LB Nagar (for short 'Appellate Court') which was preferred against the Order dated 04.03.2013 passed in D.V.C.No.14 of 2010 by the learned Judicial Magistrate of First Class Special Mobile Court-cum-XI Metropolitan Magistrate, Cyberabad at LB Nagar (for short 'trial Court').
03. The facts in brief are as under: The marriage of the petitioner with respondent No.2 was taken place in the year 1981 and they were blessed with a son in the year 1982 2 and a daughter in the year 1984. Thereafter, the petitioner contacted second marriage with one Indira and blessed with two children through her. On 28.06.1985 the petitioner agreed to look after respondent No.2 and her children properly but failed to do so, for which respondent No.2 filed M.C.No.22 of 1987 and maintenance was also awarded. Later, the petitioner took away gold ornaments of the respondent No.2 and neglected her and her children, hence she prayed for protection order, maintenance and compensation.
04. The trial Court after conducting trial and on hearing both sides, granted an amount of Rs.6,000/- per month towards maintenance and Rs.4,00,000/- towards compensation and also Rs.10,000/- towards costs of proceedings. Aggrieved by the above Order, the petitioner filed Criminal Appeal No.299 of 2013 before the Appellate Court and after hearing both sides, the Appellate Court has partly allowed the Criminal Appeal setting aside compensation of Rs.4,00,000/- and confirmed rest of the Order passed by trial Court. Aggrieved by the same, the 3 present Criminal Revision Case has been filed by the petitioner.
05. This Court has gone through the entire material available on record, there is no dispute that respondent No.2 is the legally wedded wife and that she has been subjected to domestic violence and that she has no means to maintain herself and the petitioner is at legal obligation to maintain the respondent No.2.
06. The DVC case was filed in the year 2010 and award of Rs.6,000/- to respondent No.2 was passed in the year 2013, keeping in view of cost of living of 2010. Later the Appellate Court has also confirmed the said Order passed by the trial Court to the extent of maintenance granted to respondent No.2.
07. Considering the cost of living in the present days, respondent No.2 may not be able to sustain with the meagre amount of maintenance amount of Rs.6,000/- for her food, shelter, clothing, medical expenses etc.,. In case, if respondent No.2 is maintaining herself, then the petitioner is expected to take necessary steps for filing an appropriate application before proper forum. On the other hand, there is 4 no record to show that respondent No.2 has filed any maintenance enhancement petition or not.
08. This Court finds that there is no irregularity or illegality and thereby it is not a case where miscarriage of justice has been done. As long as there is no irregularity, or illegality in the finding of the trial Court as well as Appellate Court as to whether it was justified in granting the quantum of amount, hence, this Court has found no grounds for interfering with impugned Judgment passed by the Appellate Court and this Criminal Revision Case is liable to be dismissed.
09. Accordingly, this Criminal Revision Case is dismissed. There shall be no order as to costs.
As a sequel, pending Miscellaneous Applications in this matter, if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 06-OCT-2023 KHRM 5 THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL REVISION CASE No.1256 of 2014 Date: 06-OCT-2023 KHRM