THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI CRIMINAL PETITION No.6401 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner to set aside the docket order, dated 27.12.2024, passed in Crl.M.P.No.131 of 2024 in MC.No.174 of 2023 on the file of the Judge, Family Court, Ranga Reddy District at L.B.Nagar.

2. Heard Mr. B. Nageshwar Rao, learned counsel for petitioner, Mr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 – State and Mr. P. Madhukar, learned counsel for respondent Nos.2 and 3.

Perused the material on record.

3. Petitioner and respondent No.2 are wife and husband. Their marriage was performed on 26.11.2020 at Yadagirigutta Temple. They were blessed with a child and lived together (in joint family) at Khairtabad, Hyderabad. It is the case of respondent No.2 that differences arose between them, that petitioner used to make demands and beat her for additional dowry. As there was no change in petitioner’s behaviour, respondent No.2 lodged a complaint against him. On the basis of complaint, an FIR bearing No.436 of 2021 came to be registered under Section 498A of the Indian Penal Code (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘DP Act’). It is alleged that she consumed poison to commit suicide and presently she is staying in her sister’s house and totally dependent on sister. That her husband/petitioner has sufficient income, he is receiving an amount of Rs.50,000/- per month as rents. That altogether, petitioner is getting an amount of Rs.80,000/- per month.

4. Respondent No.2/wife (and respondent No.3, minor child) filed a maintenance case bearing No.174 of 2023 under Section 125 of Code of Criminal Procedure (for short ‘Cr.P.C’). Thereafter, they filed Crl.M.P.No.131 of 2024 in MC.No.174 of 2023 under Section 125 (1) of Cr.P.C before the Family Court, Ranga Reddy District at L.B.Nagar, for interim maintenance. Learned Judge after considering the averments in the petition granted interim maintenance and directed petitioner to pay an amount of Rs.20,000/- per month to wife and Rs.15,000/- to minor child from the date of filing of petition till disposal of MC. Monthly maintenance has to be paid by 10^th of every month.

5. Learned counsel for respondent Nos.2 and 3 brought to the notice of this Court that for the last six (6) months from the date of trial Court’s order, maintenance amount has not been paid to respondent Nos.2 and 3 as directed. An amount of Rs.35,000/- per month has to be paid and is not being paid.

6. Perused the petition filed under Section 125 of Cr.P.C. and the details of assets and liabilities of respondent No.2 herein as per Rajnesh v. Neha and another, (2021) 2 SCC 324. In the table of the details of assets and liabilities declared, by respondent No.2 herein, at clause A(4), it is stated that, she is staying in a separate residence. But, in the petition filed under Section 125 of Cr.P.C., at paragraph No.8, she stated that “she is staying with her sister, she is dependent on her sister’s family”. At clause

G(4) of the details of assets and liabilities declared, it is stated that, she has 100 sq. yards property, joint family property. It is averred in the petition that her husband’s monthly salary is Rs.50,000/- and an income of Rs.10,000/- per month.

7. Perused the record, considered the averments in MC petition, details of assets and liabilities declared, the averments in this criminal petition. Having considered, this Court is of the opinion that maintenance amount of Rs.35,000/- per month granted to respondent Nos.2 and 3 in Crl.M.P.No.131 of 2024 in M.C.No.174 of 2023 be modified to total of Rs.27,000/- per month instead of Rs.35,000/-. An amount of Rs.18,000/- per month to be paid to respondent No.2/wife and Rs.9,000/- per month to be paid to respondent No.3/child. Petitioner is directed to pay the aforesaid modified amounts to respondent Nos.2 and 3.