A. Srinivas, Hyd vs P.P., Hyd And Ano
2023 Latest Caselaw 2960 Tel

    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

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

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

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

THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

CRIMINAL REVISION CASE No.1256 of 2014

Date: 06-OCT-2023 KHRM