The court reaffirmed that a husband's duty to maintain his wife and child persists even if the wife has the potential to earn, emphasizing the husband's obligation under the Domestic Violence Act.

COMMON ORDER:

Both these matters are arising out of the judgment passed in Criminal Appeal No.119 of 2022 dated 10.07.2023 passed by the Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Rangareddy District.

2. Crl.R.C.No.506 of 2023 is filed by the wife – petitioner No.1 aggrieved by the judgment passed in Criminal Appeal No.119 of 2022 dated 10.07.2023 by the Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Rangareddy District for setting aside the maintenance granted to her in Crl.M.P.No.772 of 2022 in D.V.C.No.8 of 2020 dated 18.07.2022 by the XIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar.

3. Crl.R.C.No.519 of 2023 is filed by the husband aggrieved by the judgment passed in Criminal Appeal No.119 of 2022 dated 10.07.2023 by the Additional Metropolitan Sessions Judge, Cyberabad at L.B.Nagar, Rangareddy District in partly dismissing the appeal and confirming the maintenance to his son granted in Crl.M.P.No.772 of 2022 in D.V.C.No.8 of 2020 dated 18.07.2022 by the XIV Additional Metropolitan Magistrate, Cyberabad at Hayathnagar.

4. The parties are hereinafter referred as arrayed before the trial court in D.V.C.No.8 of 2020 as petitioner and respondent.

5. The case of the petitioner – wife was that she was married with respondent – husband on 29.11.2012 at Hyderabad as per Hindu rites and customs. Out of their wedlock, a son by name Prathik was born on 09.09.2014. Since the date of marriage, they stayed together in House No.5-3-70/1 at Bhavani Colony, Rajendra Nagar, Hyderabad along with the parents of her husband till November, 2017. Since the date of marriage, the respondent - husband, his parents, sister and brother-in-law harassed her physically and mentally for want of additional dowry of Rs.10.00 lakhs and demanded a share in the properties of her father. They made her to do all the household work and never provided proper food, clothes and basic amenities. The respondent and his father used to beat her severely, threatened and abused her in filthy language and humiliated her. In the month of January, 2013, she got a job in Bharat Bio- Tech, Hyderabad. But the respondent and her in-laws did not allow her to attend the job and forced her to resign the job after a week and shattered her career. When she was pregnant, the respondent, his parents, sister and her husband harassed her physically and mentally, abused her in filthy language, hit her demanding additional dowry. They threatened to give divorce, if their demands were not fulfilled and threw her out of the house. She went to her parents' house. All the delivery expenses were born by her parents. Even after the birth of a male child on 09.09.2014 and after the cradle ceremony, the respondent and her in-laws refused to take her back, as her parents failed to fulfill their demands. When her son was five months old, she took up a job, as her mother was taking care of her son. On her constant persuasion, the respondent and his parents took her to their house but within few days of her joining, the respondent and his family members reiterated the demand of additional dowry of Rs.10.00 lakhs and share in her father's property and to resign from her job and intensified their harassment. On 03.04.2015 at 08:30 PM, the respondent picked up quarrel with her, beat indiscriminately and pressurized to sign on blank papers for taking consent divorce. When she refused to do so, they snatched away her son and asked her to leave the house. However, with the help of patrolling police party, she was rescue