THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

CRIMINAL PETITION No.6220 OF 2021

ORDER:

The present Criminal Petition is filed under Section 482

of Cr.P.C. challenging the order dated 17.06.2020 in Crl.M.P.No.28 of 2020 in M.C.No.119 of 2017 on the file of the IV Additional District and Sessions Judge-cum-I Additional Family Judge, Ranga Reddy District, L.B.Nagar, whereby, the petition filed by the wife under Section 125(1) of Cr.P.C. seeking interim maintenance was allowed in-part by granting Rs.8,000/- per month towards interim maintenance

from the date of petition.

2. Heard learned counsel for the petitioner and Sri E.Ganesh, learned Assistant Public Prosecutor for

respondent No.1 – State. Perused the record.

3. The brief history of the subject matter is that the marriage of the petitioner and respondent No.2 was performed on 16.09.2016. After the marriage, respondent No.2 joined the company of the petitioner at his residence to lead marital life. Thereafter, due to several disputes between

the parties, respondent No.2 left the company of the petitioner and living with her parents. While the things stood thus, respondent No.2 filed maintenance case under Section 125 of Cr.P.C. before the trial Court seeking maintenance. During the pendency of the said case, respondent No.2 filed a petition under Section 125(1) of Cr.P.C. seeking interim maintenance of Rs.30,000/- per month. After conducting enquiry, the trial Court allowed the said application in-part granting a sum of Rs.8,000/- per month towards maintenance to respondent No.2 from the date of filing of the petition i.e., 16.10.2019. Further, the petitioner is directed to pay the said amount on or before 5th of every Calendar month.

4. Aggrieved by the aforesaid order, petitioner filed the present criminal petition stating that the allegations made by respondent No.2 against the petitioner are vague and respondent No.2 herself left the company of the petitioner. Respondent No.2 is well educated and she has sufficient means to maintain herself. Further petitioner has recently completed LLB and enrolled as an advocate and he is facing financial crisis and that he has no means to pay the maintenance as awarded by the trial Court.

5. Perusal of the record would reveal that respondent No.2 preferred maintenance case in the year 2017 seeking maintenance. During the pendency of the said maintenance case, she filed an application seeking interim maintenance in the year 2020 and the said application was decided by the trial Court on 17.06.2020. It is also submitted by the learned counsel for the petitioner that trial has already commenced.

6. In the light of the same, this Court deems it appropriate to dispose of the criminal petition with liberty to the petitioner to avail appropriate remedies available under law. Accordingly, this Criminal Petition is disposed of.

Miscellaneous Petitions, pending if any, shall stand closed.

_____________________ E.V. VENUGOPAL, J Date: 30.06.2025.

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