THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.4634 of 2022

ORDER

Challenging the order, dated 18.02.2022 passed in M.P.No.26 of 2021 in M.C.No.29 of 2021 by the learned I Additional Family Court Judge at Secunderabad, this Criminal Petition is filed by the petitioner-respondent.

2. Heard Mr.K.V.Janardhan Rao, learned counsel for the petitioner-respondent and Mr.K.Raghava Ramana, learned counsel for respondent Nos.1 to 3. Perused the record.

3. The respondent Nos.1 to 3 herein are the wife and two sons of the petitioner herein. The respondent Nos.1 to 3 have filed a maintenance case vide M.C.No.29 of 2021 against the petitioner herein under Section 125 of Cr.P.C seeking maintenance of Rs.2,00,000/- to respondent No.1 and Rs.1,00,000/- each to respondent Nos.2 and 3. The respondent Nos.1 to 3 have also filed an application under Section 125(1) of Cr.P.C. seeking interim maintenance of Rs.2,00,000/- from the petitioner herein i.e., M.P.No.26 of 2021 in M.C.No.29 of

2021. Vide order, dated 18.02.2022, the learned Family Court Judge directed the petitioner herein to pay an interim monthly maintenance of Rs.25,000/- each to respondent Nos.1 to 3 herein from the date of the petition. The petitioner herein is further directed to clear off the arrears of maintenance within two months in one spell. Aggrieved by the said order, this Criminal Petition is filed by the petitioner-respondent.

4. Submissions of learned counsel for the petitioner:

4.1. The learned Family Court Judge, without properly appreciating the facts and law, has arrived at a conclusion and directed the petitioner herein to pay monthly interim maintenance of Rs.75,000/- to respondent Nos.1 to 3, which is a very huge amount. The respondent No.1 herself has deserted the petitioner without any justifiable cause or reason and treated the petitioner cruelly, hence, she is not entitled for grant of maintenance. The petitioner is bearing all the day-to-day expenses of respondent Nos.1 to 3. The petitioner used to pay Rs.60,000/- per month for groceries and other expenses, apart from educational expenses of children. Even the rent of respondent Nos.1 to 3 was being paid by the petitioner herein.

4.2. This Court, by order, dated 07.06.2022 granted interim suspension of the impugned order, dated 18.02.2022 passed in M.P.No.26 of 2021 by the learned I Additional Family Court Judge at Secunderabad, on the condition of the petitioner paying an amount of Rs.10,000/- per month each to respondent Nos.1 to 3. As per the orders of this Court, the petitioner is paying interim maintenance of Rs.10,000/- each to respondent Nos.1 to 3 from the date of said order. The said amount is reasonable.

4.3. However, since the M.C. is coming up for further cross- examination of PW-1, he prayed this Court to direct the learned Family Court Judge for expeditious disposal of M.C.No.29 of

2021.

5. Submissions of learned counsel for respondent Nos.1 to 3:

5.1. The petitioner is running two car decor shops situated in prime locations in the city, he is fetching a substantial income and maintaining high living standard. Despite his high living standard, the petitioner used to harass respondent No.1 physically and mentally. He even neglected the minimum needs of respondent Nos.1 to 3 and threatened them to throw out of the house. Further, respondent No.1 found some photos of the petitioner with other ladies and when she confronted, the petitioner bluntly stated to her face that, as a man, he was entitled to have any number of women.

5.2. The petitioner filed a petition for dissolution of marriage against respondent No.1 vide F.C.O.P.No.1634 of 2019 before the learned Family Court Judge at Ranga Reddy District and the same is pending for adjudication. While things stood thus, the petitioner had completely stopped looking after the welfare of his family and used to pay a meager amount of Rs.60,000/-, that too at irregular intervals. As such, the entire financial burden was shifted on to the shoulders of