IN THE HIGH COURT FOR THE STATE OF TELANGANA AT: HYDERABAD * THE HON’BLE SMT. JUSTICE RENUKA YARA + CRIMINAL REVISION CASE No.374 OF 2025 % Delivered on: 04-08-2025 Between # Sri Naga Vamsi Krishna Jasti .. Petitioner/Respondent No.1 Vs.

$ Dr. Ghanta V. Nalini Kumari & 2 others .. Respondents ! For Petitioner : Mr. Ch. Venu Kumar ^ For Respondent No.1 : Mr. B. Madhu Sudhan Rao ^ For Respondent No.3 : Learned Assistant Public Prosecutor < Gist :

> Head Note :

? Cases Referred :

1. 2012 (9) SCC 460

2. 2007 (2) ALT (Crl.) 110 (S.B.)

3. (2017) 3 ALD 68

4. 2023 SCC OnLine Del 5124

5. (2013) 10 SCC 618 THE HON’BLE SMT. JUSTICE RENUKA YARA CRIMINAL REVISION CASE No.374 OF 2025

O R D E R:

This Criminal Revision Case is filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita 2023 (for short ‘B.N.S.S’) by the revision petitioner/respondent No.1 aggrieved by the order passed by the learned II Additional Junior Civil Judge-cum-X Addl. Judicial First Class Magistrate, Ranga Reddy District at Kukatpally in Crl.M.P.No.471 of 2024 in D.V.C.No.11 of 2016.

2. Heard Mr. Ch. Venu Kumar, learned counsel for the revision petitioner, Mr. B. Madhu Sudhan Rao, learned counsel for respondent No.1 and learned Assistant Public Prosecutor for respondent No.3/State.

3. The parties are addressed as they are addressed in Crl.M.P and D.V.C. The revision petitioner herein is referred as ‘respondent No.1’ and respondent No.1 herein is referred as ‘petitioner’.

4. The petitioner filed DVC case against her husband respondent No.1/revision petitioner and mother-in-law vide DVC No.11 of 2016 seeking shared household and interim maintenance. The learned Magistrate vide order in Crl.M.P.No.1249 of 2016 dated 26.10.2017 provided shared household to the petitioner and their child in the house of her husband or to pay monthly rent of Rs.15,000/- on or before 5^th of every succeeding month. Further, vide orders in Crl.M.P.No.483 of 2017, dated 26.10.2017, the husband/ respondent No.1 was directed to pay monthly maintenance of Rs.15,000/- to minor daughter on or before 5^th of every succeeding month. Currently, the DVC is coming for cross examination of PW2.

5. The respondent No.1 filed Crl.M.P.No.2768 of 2019 to set aside the ex-parte order dated 18.10.2019 passed against him and the same was ordered on 13.12.2019 subject to the condition that respondent No.1 would pay arrears of maintenance of Rs.7,35,000/- as ordered in Crl.M.P.Nos.1249 of 2016 and 483 of 2017. Thereafter, the petitioner filed Crl.M.P.Nos.1520 and 1521 of 2021 wherein the Court ordered payment of Rs.8,25,000/- and Rs.7,20,000/- vide order dated 03.04.2024. However, said order was not complied by respondent No.1. In the circumstances, the above petition under revision is filed under Order XV-A r/w Section 151 of CPC to direct respondent No.1 to pay arrears of Rs.14,95,000/-, failing which, the defence evidence be struck off.

6. Due to pending arrears, the counsel for petitioner informed that respondent No.1 cannot proceed with cross examination of PW2 by relying upon judgment of Kerala High court in case of Neethu v. Trijo Joseph {2022 SCC OnLine Ker 3280}. A memo was filed on 16.04.2024 showing payment of only Rs.50,000/- to the petitioner out of arrears of Rs.15,45,000/- payable. Therefore, there is objection to cross examination of PW2 by the petitioner.

7. In said petition, respondent No.1 opposed the relief sought on the ground that the undisputed arrears are paid up to date and that in cross examination of PW1 (petitioner), she admitted that she is not aware of residential orders passed by the Court but has been claiming rental amount for providing shared household. It is pleaded that the petitioner left residence at Hyderabad and living at Nellore for better employment and subsequently, residing at Guntur to pursue her employment as Senior Resident in Ramesh Multi Specialty Hospital, Guntur by drawing salary of Rs.2,00,000/- per month. The petitioner admitted that she purchased an apartment