THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No. 2163 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to direct the respondent No.2 to enhance the interim maintenance of Rs.36,000/- to the petitioner and to set aside the orders dated 10.07.2024 in Crl.M.P.No.359 of 2022 in MC.No.178 of 2022 passed by the learned Additional Family Judge, Ranga Reddy District, L.B Nagar (for short “trial Court”).

2. Heard the submissions of Sri A. Suhaschary, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

3. The learned petitioner counsel has submitted that petitioner herein is the wife. It is her case that initially when she filed a Maintenance Case vide M.C.No.178 of 2022, the respondent- husband failed to contest the matter and therefore, an ex-parte decree was passed in her favour, granting a monthly maintenance of Rs.30,000/-, the said order was pronounced on 15.03.2023. Subsequently, he approached the Court through a set aside petition to contest the matter. The said petition was allowed on a condition that the husband shall pay an amount of Rs.1,05,000/- to the wife on or before dated 08.09.2023, after which the husband came on record and the wife i.e., the petitioner has filed Crl.M.P.No.359 of 2022 seeking interim maintenance of Rs.50,000/- per month. It is her case that since, 2022 she is living separately and needs amount for her maintenance and further, it is her case that she was ill treated while she was living with her husband, that she is living with her parents right now and is not working, many a cases are pending between both the parties. After repeated treatments for IVF, she is not in a position to work, and thus has filed the Maintenance Case.

4. Inspite of service of notice the respondent failed to appear. Before the trial Court he filed counter contending that the petitioner herein is well educated possessing M.A Telugu, B.Ed and T.T.C degrees to her credit and she is capable of earning. He further averred that the petitioner has come up with all false averments and that though he is a Government Teacher and is getting a salary of Rs.62,000/- after all deductions, he is getting a meager amount and is not in a position to pay Rs.50,000/-. That he should further maintain his old aged parents and thus, has expressed his inability to meet the expenses as put forth by the petitioner. Considering the evidence on record, the trial Court has awarded an interim maintenance of Rs.9,000/- per month. Aggrieved by the said orders, the present petition is filed before this Court, by the wife seeking enhancement.

5. Perused the record.

6. The trial Court record reveals that the respondent herein i.e., the husband is a Government Teacher and is getting a salary of Rs.74,000/- monthly and it is also put forth that he is having Ac.5- 00 guntas of land and Ac.10-00 guntas of joint family properties and that he gets around Rs.3,00,000/- per month as an overall income. But the respondent on the other hand has submitted that after all deductions, he is getting only Rs.62,000/- per month and that he is burdened with other responsibilities of his parents and that since the petitioner is well educated and she can earn her living, there is no necessity for him to pay any maintenance to the petitioner. The educational qualification is not denied by the petitioner herein.

7. Though the respondent says that the petitioner is working, he could not put forth any proof of the same. Admittedly, he is working as a Government Teacher and earns a salary of Rs.74,000/-, but the only thing is he is paid Rs.62,000/- after the deductions as per his own submission. The evidence is yet to be adduced and after which the true assets and liabilities of both the parties can be made out. It is only an interim maintenance application in which the Court has granted Rs.9,000/- per month in favour of the petitioner.

8. Considering the facts and circ