lVlohammed Kareem Pasha v. 1. The State of Telangana

Petition under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Set aside the impugned order dated 12-12-2024 passed in Crl.MP. No. 132 of 2024 in MC. No. 5 of 2024 which is pending on the file of the Court of the trial court i.e., lll Addl. District and Sessions .ludge cum Prl. Family Court Judge, tVledchal-tt/alkajgiri District, at Kukatpally. .A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant Stay on all proceedings of MC.No.S of 2024 including on . Yrg,.,..,*., . .. "" ''{ffiiiei}*}e:}ri-...- -Wiffi;:;**"+i'b;*$,,i,,':,,,. -':il execution of impugned order dated 12-12-2024 which is passed by trial court i. lll Addl. District and Sessions Judge cum Prl. Family Court Judge, t\Iedch Malkajgiri District, at Kukatpally in Crl.MP. No. 132 of 2024 lN MC. No. 5 2024. ?. e(,)n ir- This Petition coming on for hearing, upon perusing the [/emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ttl VENKATA SWAMY, Advocate for the Petitioner and Sri. E GANESH, Additional Public Prosecutor, on behalf of the Respondent No.1 and none appeared for Respondent no.2 The Court made the following: ORDER !4t_ll THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PEIITION No.2882 OF 2o25 P. ORDER: This Criminal Petition is filed by the petitioner seeking to set aside the impugned order dated L2.12.2O24 passed 1n Crl.M.P.No.l32 of 2024 in M.C.No.S of 2024 on the file of the learned III Additional District and Sessions Judge-cum-[I Additional Metropolitan Sessions Judge, Medchal-Malkajgiri District at l(ukatpally (for short, "the trial Court").

2. The brief facts of the case are that the marriage between petitioner and respondent No.2 was solemnized on 03.05.2OO7 as per Muslim rites and customs. At the time of marriage, parents of respondent No.2 presented Rs.1,5O,OOO/- cash, 3 tulas of gold ornaments, two gold rings and other household articles. Immediately after the marriage, respondent No.2 joined the company of the petitioner and lead happy marital life for some time and thereafter, the petitioner and his family members started harassing respondent No.2 for want of additional dowry. Out of the wedlock, respondent No.2 blessed with three children i.e., respondent Nos.3 to 5 herein. Respondent No.2 intimated * tfie same to her pqrents and brothers. In order to keep their , 2 matrimonial life alive, her brothers arranged Rs.2,OO,O0O/ - ana i ,,a'y tulas of gotd. In March, 2Ol9 respondent No.2 went to her parents house as her mother was expired since then, the petitioner did not take respondent Nos.2 to 5 into his company as such, respondent No.2 along with the children living at her brothers house. A panchayat was also conducted. The petitioner has not allowed the respondents into his house and also not looking after the welfare of respondents. The efforts made by respondent No.2 and his brothers for reunion, for the sake of children, have gone in vain. As such, respondent No.2 became destitute and registered a case in Crime No.SOl of 2019 for the offences under Section 498-A of IPC and Sections 3 and 4 of D.P. Act and the same was numbered as C.C.No.496 of 20 19, which is pending for adjudication.

3. The petitioner neglected to maintain respondent Nos.2 to 5 as respondent No.2 is a household lady and has no means to maintain herself and her children filed M.C.No.S of 2024. The petitioner is a Government employee and earning Rs.8O,O0O/- per rnonth and he is also having movable and immovable properties and got sufficient means to maintain respondent ?{) J Nos.2 to 5. Therefore, respondent No.2 prayed to grant i. Rs.4O,OOO/- towards monthly maintenance

4. The petitioner herein fited counter before the trial Court by denying the averments made in the petition, except by admitting their marriage between them and also children born to them' Petitioner also contended that respondent No'2 failed to discharge her duties as wife and deserted him long back and residing at her parents' house and under the instigation her parents and family members, filed a case against him in order to extract amount from him, which is beyond his earning capacity and prayed the trial Court to dismiss the M'C'

5. After hearing both the parties and upon perusal of the material available on record, the trial Court, uide order dated t2.12.2024 in crl.M.P.No.l32 0f 2024 in M.c'.No.S 0f 2024 directed the petitioner herein to pay Rs.20,000/- per month towards maintenance, on or before loth of every suiceeding month from the date of filing of that petition. Aggrieved by the sarne, the petitioner preferred present criminal petition to modify the order passed by the trial Court by reducing maintenance' \ 4

6.Heardlearnedcounselforthepetitionerandle Assistant public prosecutor appearing for the respondent-state and perused the record' Learnecl counsel appearing for the petitioner contended that T. p"iition"r is working as a conductor in TSRTC and his net salary is Rs.34,ooo/- per month. Petitioner is also not attending his duties regularly due to his ill-health as such he is not having sufficient means to maintain himself and his old aged parents' The maintenance awarded by the trial court is beyond the capacity of the petitioner and the petitioner is ready to take back his wife and children (i.e., respondent Nos.2 to 5) to his matrimonial home. Therefore, he seeks to set aside the impugnedorderpassedbythetrialCourtbyallowingthepresent criminal Petition' g. Learned Assistant Public Prosecutor appearing for the respondent-state would contend that the trial court upon careful scrutiny of the oral and d.ocumentary evidence has rightly passed the impugned judgment and the interference of this court at this stage is unwarranted. Hence seeks to dismiss the present criminal petition. u 5 ! g. Upon careful consideration of the material available on record, the trial Court observed that, the petitioner herein and' respondent No.2 herein are legally wedded husband and wife and Crl.M.P.No.L32 of 2024 is filed seeking interim maintenance and thus the object of interim maintenance is to see that the petitions would not starve pending disposal of the main case. Therefore, granted Rs.20,O0O/- pet month to respondent Nos.2 to 5.

10. Recording the submissions made by both the learned counsel and rtpon perusing the documentary evidence available on record, this Court deems it appropriate to take a lenient view \ \ as the petitioner might have undergone physical incarceration and mental agony in roaming around the Courts and taking into consideration of petitioner's ill-health and his old aged parents, who are dependent on his income, this Court is inclined to modify the order dated L2.12.2O24 passed in Crl.M.P.No. 132 of 2024 in M.C.No.S of 2024 passed by the trial Court by reducing the maintenance from Rs.2O,OOO /- per month to Rs. |2,OOO /- per month and the petitioner is directed to deposit the same in the credit of SB Account of respondent No.2 on or before lOth of every calendar month. The petitioner is also directed to deposit the accrued arrears, if any, to the credit of M.C.No.S of 2024 on the 6 ,'} file of the learned III Additional District and Sessions Judge-cum- II Additional Metropolitan Sessions Judge, Medchal-Malkajgiri ! District at Ktrkatpally within a period of two months from the date of receipt of a copy of this order. Upon such deposit, respondent No.2 is directed to file an application before the learned trial court seeking withdrawal of the said amount. The trial Court sheill consider the same and pass appropriate orders. 1 1. With the above observations, this Criminal Petition is disposed of. Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// Sd/. G. JYOTHI STANT REGISTRAR SECTION OFFICER To,

1. The lll Addl. District and Sessions Judge cum Prl. amily Court Judge, Medchal-Malkajgiri District, at Kukatpally.

2. One CC to SRl. M VENKATA SWAMY, Advocate [OPUC] 3. Two CCs to pUBLIC PROSECUTOR, High Court for the State of Telangana

4. Two CD CoPies MKN/kam Ar HIGH COURT DATED:1410712025 ORDER CRLP.No.2882 ot 2O25 I-l g 4 t'l0tJ ZQll ], (. Or..9DArC\\gO * DISPOSING THE CRIMINAL PETITION 1 ,pdd itrbh5