Telangana High Court
Burugu Uma Rani And 2 Others, vs Burugu Jagadeeswar And Another, on 18 November, 2024
1
THE HON'BLE SRI JUSTICE E.V. VENUGOPAL
CRIMINAL REVISION CASE No.88 OF 2011
ORDER:
This Criminal Revision Case is filed under Sections 397 and 401 Cr.P.C against the Judgment in M.C.No.472 of 2008, dated 30.11.2010 passed by the learned Family Judge Court, at L.B.Nagar, Ranga Reddy District (for short, "the trial Court").
2. Heard Sri.C.Raghu, learned Senior counsel for the petitioners, Sri K.Sreenivas, learned counsel for the respondent No.1 and Mr.E.Ganesh, learned Assistant Public Prosecutor for the respondent No.2-State.
3. The brief facts of the case are that the marriage between petitioner No.1 and respondent No.1 was performed on 30.04.1998 at P.N.M.High School Ground, behind Shivalayam, Kukapally. Out of their wedlock, they were blessed with respondent Nos.2 and 3. At the time of marriage, the parents of petitioner No.1 gave Rs.5,00,000/- dowry, one Chethak Scooter, 20 tulas of gold articles and house hold articles. Prior to marriage, engagement ceremony was held by the father of the petitioner No.1 by incurring Rs.2,00,000/-. Thereafter, respondent started to harass the petitioner No.1 while demanding 2 additional dowry of Rs.5,00,000/-. During her stay with respondent No.1, he was subjecting her to cruel by beating. Further, respondent No.1 had taken all gold ornaments from petitioner No.1 and mis-appropriated the funds. He was not permitting her to go to her parents over telephone. He was not providing medical assistance. Due to unbearable conduct, the petitioner No.1 filed criminal complaint for dowry harassment at Kukatpally Police Station vide Crime No.91 of 2007, registered for the offence under Section 498-A of IPC. Unable to bear such harassment, petitioner No.1 left the society of her husband and started residing with her parents. The petitioner No.1 is having no means to maintain herself and her children/petitioner Nos.2 and 3.
4. Respondent No.2 has filed his counter denying the allegations made by petitioner No.1 regarding harassment for additional dowry and that the parents of petitioner No.1 paid additional dowry and that he is not satisfied with the same and continued to harass her and ill-treated her. Respondent No.1 also stated that petitioner No.1 is in the habit of leaving the house of respondent No.1 frequently without any intimation to him and she used to come to her parents house and she was 3 persuaded by the community elders many times and yet she used to leave his house frequently. Respondent No.2 has not neglected the petitioners and petitioner No.1 left his company on her own will and as such she is not entitled for maintenance.
5. The learned Magistrate after appreciating the oral and documentary evidence and facts before it has partly allowed the M.C. awarding a sum of Rs.1500/- per month to petitioner Nos.2 and 3 from the date of that petition. Petitioner Nos.2 and 3 are entitled to maintain till they attains the age of majority. Aggrieved by the said order, petitioners filed the present criminal revision case for enhancement of maintenance.
6. Learned counsel for the petitioners submitted that the learned Magistrate has granted a meagre amount as monthly maintenance, as the cost of living standards of the people has been escalated in today's context. Hence seeks for enhancement of monthly maintenance.
7. Learned Assistant Public Prosecutor appearing for respondent-State submitted that the petitioners without filing appropriate application for enhancement of maintenance before the Court below, filing revision case before this Court is 4 misconceived and interference of this Court at this stage is unwarranted. Hence, seeks to dismiss the criminal revision case.
8. In the light of the above discussion, this Court is not inclined to interfere with the order passed by the Court below at this stage, granting the liberty to the petitioner to approach the appropriate Court below and make necessary application under Section 127(1) Cr.P.C. for enhancement of maintenance.
9. Accordingly, this criminal revision case is dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 18.11.2024 mmr