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2023 Supreme(AP) 184

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
A.V. Ravindra Babu, J.
Jeldi Priyadarsini – Petitioner
Versus
Jeldi Ramesh – Respondent
Criminal Revision Case No.1918 of 2008
Decided On : 27-01-2023

Advocates:
Advocate Appeared:
For the Petitioner: P Nagendra Reddy

Headnote:

Criminal Procedure Code,1973 - Section 125 , 397 and 401 Indian Penal Code,1860 - Section 498-A r/w 34 - Offence of Harassment and cruelty to women - Maintenance - Marriage of first petitioner and respondent was performed - At that time, parents of first petitioner gave dowry of Rs.5,00,000/- to the respondent and his parents in presence of elders and maternal uncle of first petitioner by name - Parents also presented 3 sovereigns of bracelet and a gold ring weighting 1 sovereign to respondent - They also presented household articles worth about Rs.1,50,000/- to respondent- They also presented gold ornaments weighing about 20 sovereigns to first petitioner - First petitioner joined with respondent at their house situated at 3rd lane - Again respondent and his family members reiterated their demand for additional dowry - Whether impugned order, dated 30.10.2008 in M.C.No.16 of 2008 of learned Judge, Family Court, Guntur, suffers with any illegality, irregularity and impropriety and whether there are any grounds to interfere with such an order? - Held, there is no dispute that second petitioner as on date of filing of maintenance case was aged about 5 months - Contest of respondent did not mean that he has taken care to look after second petitioner well - Evidence on record does not show that he taken in minimum care so as to provide any maintenance to minor child - So, a legal obligation is cast upon respondent to maintain second petitioner, who is no other than his child - There is no dispute that respondent was in job - He filed Ex.B.2 to show that he resigned from job - It is to be noticed that petitioners in their petition prayed to award maintenance of Rs.3,000/- per month each to them -As seen from order of learned Judge, Family Court, Guntur, awarded monthly maintenance of Rs.2,000/- to the second petitioner - Court is of the considered view that finding arrived at by learned Judge, Family Court, insofar as first petitioner is concerned is on reasonable basis and order impugned cannot be said to be illegal or irregular or impropriety - Criminal Revision Case is allowed in part

ORDER :

This Criminal Revision Case is filed by the petitioners under Section 397 and 401 of Code of Criminal Procedure (“Cr.P.C.” for short), who are the petitioners in M.C.No.16 of 2008, filed under Section 125 of Cr.P.C., on the file of Judge, Family Court, Guntur, questioning the order, dated 30.10.2008, whereunder the learned Judge, Family Court, Guntur, declined to grant maintenance to the first petitioner, but, granted monthly maintenance of Rs.2,000/- in favour of the second petitioner payable by the respondent.

2. The parties to this Criminal Revision Case will hereinafter be referred to as described before the trial Court for the sake of the convenience.

3. The case of the petitioners in M.C.No.16 of 2008, filed under Section 125 of Cr.P.C., according to the averments in the petition, in brief, is as follows:

    (i) The marriage of the first petitioner and respondent was performed on 18.06.2005. At that time, the parents of the first petitioner gave dowry of Rs.5,00,000/- to the respondent and his parents in the presence of elders viz., Seelam Daniel, Banerjee and the maternal uncle of the first petitioner by name Jeldi Rajamohan. The parents also presented 3 sovereigns of bracelet and a gold ring weighting 1 sovereign to the respondent. They also presented household articles worth about Rs.1,50,000/- to the respondent. They also presented gold ornaments weighing about 20 sovereigns to the first petitioner. Thereafter, the first petitioner joined with the respondent at their house situated at 3rd lane, Pattabhipuram, Guntur. Respondent is working as a Software Engineer at Hyderabad. Parents of the respondent and the respondent did not agree to setup the family at Hyderabad, but kept the first petitioner at the parental house of the respondent at Guntur. Respondent used to visit Guntur once in a fortnight. During the stay of the first petitioner at Guntur, her inlaws and the elder brother of the respondent used to harass and abuse her in a filthy language by demanding additional dowry of Rs.5,00,000/- to send the respondent to America. When the first petitioner brought the said fact to the notice of the respondent, he instead of controlling his parents and brother, supported them and demanded the first petitioner to comply the said demand. When the said demand was brought to the notice of the parents of the first petitioner with the help of elders and well-wishers, they pacified the issue and instead of additional dowry of Rs.5,00,000/-, they gave a sum of Rs.75,000/- for purchasing Computer. Elders advised the respondent to setup the family at Hyderabad. Hence, the respondent took a house at Flat No.206, Kiranmayi Apartments, Motinagar, Hyderabad and setup the family in October, 2005. The first petitioner joined there. There was no change in the attitude of the respondent. He continued to harass the first petitioner mentally and physically by demanding to bring additional dowry. The first petitioner became pregnant out of wedlock. Even then, the respondent and his family members treated the first petitioner with cruelty. They necked out her from the matrimonial home forcing her to take shelter in her parental house. On 18.03.2006, the first petitioner gave birth to the second petitioner. It was informed to the respondent and his parents. A function was arranged on 07.04.2006. Again the respondent and his family members reiterated their demand for additional dowry of Rs.5,00,000/-. When the parents of the first petitioner expressed their inability to pay such amount, the respondent and his parents declared that unless additional dowry of Rs.5,00,000/- is paid, they would not allow the petitioners to come and join. Saying so, they left. Subsequent mediations held proved to be futile. Having no other go, the first petitioner presented a report on 03.08.2006 to the Arundelpet Police Station against the respondent, his father, brother and mother, which is subject matter in Crime No.194 of 2006 under Section 498-A r/w 34 of I

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