S.Praveen And 2 Others vs S.Sarasunniana And 4 Others
2021 Latest Caselaw 5539 AP

             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;

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

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

THE HON'BLE SRI JUSTICE D.RAMESH

CRIMINAL REVISION PETITION NO.2887 OF 2018

Date : 28.12.2021

SPP