THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10180 OF 2025

ORDER:

This Criminal Petition is filed by the petitioner seeking to quash the order dated 05.05.2025 passed in Crl.R.P.No.15 of 2024 in Crl.M.P.No.103 of 2023 in DVC No.21 of 2023 by the learned Principal Sessions Judge, Vikarabad District (for short “Sessions Court”), confirming the order dated 25.09.2024 in Crl.M.P.No.103 of 2023 in DVC No.21 of 2023 by the Junior Civil Judge-cum-Judicial Magistrate of First Class, Tandur of Vikarabad District (for short ‘the trial Court’).

2. The parties herein are referred to as they were arrayed in the maintenance case before the trial Court for the sake of convenience and clarity.

3. The case of the petitioner before the trial Court is that the petitioner has instituted DVC No.21 of 2023 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 seeking various reliefs and that she has filed an application seeking grant of interim maintenance @ Rs.15,000/- per month against the husband. It is alleged by the petitioner that at the time of marriage their parents have given Rs.4 Lakhs cash, 12 tulas of gold, Rs.1 lakh for bike and other house hold articles as dowry and that after marriage her husband and the other family members started harassing for additional dowry and five tulas of gold. The husband is working as a Government teacher earning a sum of Rs.70,000/- per month and is having Ac.06-00 guntas of land, wherein red gram and cotton crops are grown and that they fetch an annual income of Rs.5 Lakhs and therefore, she prayed for interim maintenance of Rs.15000/- per month.

4. The husband has filed counter denying the allegations pertaining to dowry and other aspects of harassment. It is further averred that wife has intentionally left his conjugal society and that he has filed HMOP No.87 of 2022 on the file of the Senior Civil Judge, Vikarabad and that divorce is granted on 09.10.2023 by dissolving the marriage and that there is no relationship between them as husband and wife and that the wife is earning Rs.50,000/- per month as a tailor and is also working as a private teacher and he further averred that her parents have Ac.10-00 guntas of land and that she is not entitled for maintenance.

5. After hearing both the sides, the trial Court has granted a maintenance of Rs.10,000/- per month. Against which a revision was preferred before the Sessions Court, wherein the revisional Court has confirmed the order of the trial Court. Against the said dismissal order in the revision petition, the present quash petition is filed.

6. Heard the submissions of Sri C.Hari Preeth, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 – State.

7. The learned petitioner counsel submits that the wife is working as a private teacher and also does tailoring work and is earning more than Rs.50,000/- per month and that her parents have also enough financial resources and agricultural land of Ac.10-00 guntas of land and thus, she is not entitled to any maintenance from the petitioner and that there is no husband and wife relationship between the parties as it was already dissolved on 09.10.2023, therefore, he prayed to quash the order passed by the trial Court granting interim maintenance of Rs.10,000/- which was confirmed by the revisional Court. Hence, prayed to set aside the orders passed by the Sessions Court as well as the orders passed by the trial Court. 8. Perused the record.

9. The petition discloses that the petitioner-husband is a Government teacher. Though he alleges that divorce has been granted, no document is filed by the petitioner to show that he was already granted divorce. The petitioner alleges that his wife is working as a teacher, but no proof is filed to that effect before the trial Court.

10. The averments of the petitioner before the trial Court shows that she is still arrayed as the wife of the petitioner herein and she