THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10225 OF 2025

ORDER:

This Criminal Petition is filed seeking to set aside the docket order, dated 30.07.2025, passed in Crl.M.P.No.146 of 2025 in M.C.No.114 of 2021 by the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar.

2. Heard Sri Ch. Chaitanya Mithra, learned counsel for the petitioner, Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1-State and Sri S. Rama Mohan Rao, learned counsel for respondent No.2.

3. Learned counsel for the petitioner submitted that the trial Court ought not to have allowed the present Crl.M.P., whereby the arrears of maintenance amount for 45 months were directed to be paid. He further submitted that the arrears of maintenance are to be paid from the date of filing of the said M.C. till the date of order passed in the M.C. i.e., from 01.06.2021 to April, 2024. But, in the impugned order, the trial Court has held that the petitioner has to pay arrears for 45 months i.e., from 01.06.2021 to February, 2025, within ten days and in case of violation of payment of arrears, the trial Court has ordered to issue NBW against the petitioner. He, therefore, prayed to set aside the impugned order, dated 30.07.2025, and grant him relief to pay arrears of maintenance for a period of 34 months.

4. Learned counsel for respondent No.2 has submitted that the petitioner has not paid a single penny from the date of the order of granting maintenance and thus, the arrears got accumulated from the year 2021 to 2025 and therefore, he prayed to direct the petitioner to pay the entire arrears.

5. When the petitioner’s counsel expressed that the petitioner has difficulty in arranging the said amounts and has expressed readiness to pay the arrears for a period of 34 months, the respondent’s counsel has conceded to the said request.

6. Learned Additional Public Prosecutor has submitted to pass appropriate orders in the Criminal Petition.

7. Perused the record.

8. The record discloses that against the order, dated 24.04.2024, passed in M.C.No.114 of 2021, the petitioner has preferred Crl.R.C.No.964 of 2024 before this Court, and this Court, vide order, dated 24.10.2024, has reduced the maintenance amount from Rs.35,000/- per month to Rs.30,000/- per month. The same is not in dispute. The only dispute in the present case is with regard to the quantum of arrears i.e., the period for which the maintenance has to be paid. The petitioner cannot escape the liability of paying maintenance amount continuously. However, the petitioner is ready to pay arrears of maintenance for 34 months.

9. Considering the submissions of both the learned counsel, it is opined that the petitioner may be directed to pay arrears of maintenance for a period of 34 months at the rate of Rs.30,000/- per month within a period of 15 days from the date of receipt of a copy of this order, failing which, this order gets nullified and the docket order of the trial Court, dated 30.07.2025, would get into effect.

10. Accordingly, the Criminal Petition is disposed of modifying the docket order, dated 30.07.2025, passed in Crl.M.P.No.146 of 2025 in M.C.No.114 of 2021 by the learned Judge, Family Court, Ranga Reddy District at L.B. Nagar, to the extent indicated above. Miscellaneous Petitions pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 17.11.2025.

MD