High Court · 2025

Counsel for the Respondent No'1 : Sri K Venumadhav Counsel for the Respondent No'2 : Sri E Ganesh' Assistant Public Prosecutor cRIMINA Between: LREVI SIoNf EAS NO:103 OF 2023 idfi{ff f ^,:t:r, ;, X:,.,J1E#f, 1't,ifl"1,i"?J,"i,?;f !ft ,:J;,lilir,i"J*""",b5i; AND 1 ili3"::1'r"r'' re r,,sana Rep by its public prosecutor, High ,Jour t at ...petitioner/l\ppella n URespondent

2. s.s HN f;*rli-'rX!1g'',,,1(,i"ii[tl,ii,:j!#E#.;;#J[:::;::::::", ,A NO: 2oF 2023 ...RespondenURespondent No. l/Applicant petition under. .!] e qaz of cr.p.c pra,' srated in the affidavrt ,:'.'?l in tuppo,.t oi ti"'r"ltlo that in the circumstances pleased to suspend,n" l-tll Add*ionar Merropor*ar 5illiiottilil' "-':,o.',r5.'l'!;:r!r",i :X ffi[ :ii'*t; rr retates to confirmincr ; l':191t Judge, at Hyderabad, oatea )i tz"io, ,',1'.o ,". to rhe respoii;;iIi;'.,,i rrder of grantins rnaint1191ce Rs rJo 0)0/- oer month ll:,:l;1i.ilffi ;;,J;;l'i,[H[1";?i:,;'?,i;"';X;%],:i,:i1;ii:::tU; : Sri K Venumadhav Counsel for the petitione, counser for the Respondr:n1 hrq.1 : sri E Ganesh, Assistant pubric pro secutor Counsel for the Respondent No.2: !.! l{" Sripathi Rao representing The Court made the follovrrrrg: COMMON ORDER Sri G Mallikharjuna Rao '/ THE HON'BLE SRI JUSTICE E'V'VENU'GOPAL CASE Nos.23 7Eb 103 oF SION MINAL 3 coMMON o ER: No.237 of 2023 is frled to set aside the The Crl.R'C' .12.2[22in Crl'A'No' 12 2 of 2Ol7 on the hle of judgment dated 2l the learned V Addidonal Metropolitan Sessions Judge' Hyderabad insofar as it relates to setting aside the order of compensatlon passed in D'V'C'No'144 ol 2Ol2 dated amount of Rs'5'00'OO0/- ed IV Metropolitan Magistrate (Traffic 07.12.2016 bY the learn Mobile Court), HYderabad'

2. The Cr1'R'C'No'1O3 of 2023 is filed to set aside the judgment dated' 2l'12'2022 in Crl'A'N o'122 ol 2Cl7 ot the file of the learned V Additional Metropolitan Sessions Judge' Hyderabad insofar as it relates to conhrming the order of granting maintenance Rs.3o,o0o/ - per month to respondent No'2 and daughter passed in D'V'C'No'1 44 of 2Ol2 dated 07 12'2016 by the learned IV Metropolitan Magistrate (Traffic Mobile Court)' HYderabad' representing

3. Heard learned Senior Counsel Mr.Raja SriPathi Rao' Iearned counsel for the Mr.G.Mallikarjuna Rao' and Sri K'Venumadhav Crl.R-C.No'237 ot 2023 Petitioner in Crl.R.C.No 103 of 2023' learned counsel for Petitioner rn Mr.E.Ganesh, learned Assistanl Public Prosecutor appearing for respondent No. 1-State' 2

4. Thc as per rarassm ent of the 'ith a gi 1 child on /husbar rd treated I to be; rt her on r a rtres herein are referred to as petition:r/wife and responc()nt i i usband as arrayed before the trial Court in D.V.C.Nri. l t 4 of 2012 for the salce of convenience. 5. Briel' I:c[s of the case are that the mat_ria5.e between petitioner.,rrr,j respondent was performe d on :2g.Og.2QO4 Hindu ri,_,:,.; ir trl customs. They were blessed u 20.O4.2O16. I,etitioner stated that respondent her as s,:r,/.r n ! anrl fuis family members usec several ocr:6s js rrs without any fault. Due to the I responderl:. tlt: brother of petitioner took her to days. On 1,11.( 3.2OOa, the two year old baby w ill-health and ..r lren petitioner tried to contact her not respon(ic.ci as such she went to her matrimc seeing her, .r:sptndent held her hair and beat her her mothcr ln. rr,.r., sister_in_law did not respond< then immecli:rr,,: ly she contacted her brother over respondent sil.r.r [,] 1ed her phone from her and abu sed her brother in filthy la n51tra 5;e and threatened him, as su ch br-.: her of petitioner tcoi.: rrt r to Alwal police Station to lod11e a cr>r rplaint against the rr:spo tdcnt where the respondent assur,_.d trr loc k after his wifc vvith L; r,, and affection and an agreerrenr u,a s also execUted in -h,: prcscnce of respondent,s counsel. Aftt:r rl c said incident, pelitirr- r',' shifted the residence from Alwal to Kuk.rtpatly hus ban l, he did nia I hor rsr:. On his hou,;e for few rs s uffe. ing from :d I: ropt ,rl,v and rhone a -rd then ancl at t 1at time 1 and evcn at 1r. l:,jtpally, there was no change in thc attitudt of the i J to Neredmet respondent towards his wife ' On 1 1' 10'2O08' respondent beat the petitioner mercilessly and left the house leaving the petidoner and did not turn back and then petitioner returned to her parent's house and complained against respondent/husband Police and on 12' 10'2o08 on her complaint for the offence under Secdon 498-A of IPC' the police arrested respondent/husband' Petitioner/wife frled D'V'C No'144 of 2ol2 on the file of the lV Metropolitan Magistrate (Traffrc Mobile Court)' Hyderabad' The Iearned judge partly allowed the D'V'C on 07 '12 '2O 16 by granting maintenance of Rs.3o,ooo/- to the wife and daughter from the date of the order on or before loth of every calendar month and directed the respondent/ husband to pay Rs'5'00'OO0 / - to the petitioner towards compensation within 3 monLhs from the date of the order' Against the said order' the respondent/ husband filed Crl.A'No' 122 of 2Ol7 ' The frrst appellate Court partly allowed the appeal by confirming the maintenance of Rs 30'00O/- payable to the wife and her daughter and set aside the compensation of Rs.5,OO,OOO/- payable to the petitioner / wife ' Aggrieved by the Criminal Revision Cases are said judgment, these Present preferred- Irarned Senior Counset appearing for petitioner/wife would 6. submit that the trial Court has not considererl the evidence in proper perspective way' The learned hrst appellate Court ought to have considered that the petitioner proved that the respondent 4 commit,,l.l a( ts of domestic violence by way oI_ lrh-vr.ical abuse, mental tortlrr.e and emofional distress anc econorric abuse against lhr: p 6.11giorr... The first appellate CorLrt errec in setting aside thc r.,r(i lr of compensation without proper reasol ts and not considering ilt,,, evidence on record. The learned firsl appellate Court gr.z,r.rterj ;nterim order directed the responden t/h rsband to pay a sunt of ll;. 15,O00/_ per month and the orrler ,tf ttre ls4.r.6 first appellarc (l.rurt has not been complied with. 7. Learrrcd orders of thr: I lost his joir :rt monthly mairrtr business a rrcr Rs.30,000/- an, aged mothr:r (lounsel, Sri I(.\,rsnurn2dhav would sul)mit that the i.':;t appellate Court has been complie,l u,jth. He l lccount of recession and cannc,t ajTorc to pay I rarnce of Rs.30,00O/_ ald now he is doir Lg petgr lr, is only getting a sum of iis.25,0( O / - tu I \r.ith that amount he has to mainlrin eis old -- rcrelore, requested the Court to redu:e the malntenance at li- tL ltt

8. This Cou -1 the learned t :-i;r lr:rving heard the both sides, is oI thr: vrer y that llourt has rightly gralted the m.linte lance amount of Rs..3l),( oo/_ per month. However, keeping ;n v; eq, of the huge arr:a ni lccumulated so far in compliatrce rvitl r the orders passecl 5r, lr .: Icarned trial Court and hrst appella te C ourt, this Court cl,:etr r r( appropriate to reduce the mainter ance amount of Rs.lli),( oO/- to Rs.25,000/_ to be paid to the rvi fc within a perioc ol .l _r cli{/s from the date of receipt of z coJr-v o this ,,/ -+x''_i!' .t 5 order. With regard to the quantum of compensation granted by the trial Court, it is just and reasonable to reduce the compensation from Rs.5,00,000/- to Rs'2,00,0OO/- to be paid to the wife within six (O6) months from the date of receipt of a copy of this order. Except the above modification, the judgment of the frrst appellate Court remains intact' 9 With the above modification, these Criminal Revision Cases are disposed of. Miscellaneous Petitions, pending if any, shall stand closed' //TRUE COPY// SD/- B. SATYAVATHI JOINT REGISTRAR SECTION OFFICER To,

1. The V Additional Metropolitan Sessions Judge at Hyderabad 2. The lV Metropolitan Magistrate (Traffic Mobile Court), Hyderabad 3 One CC to SRI G MALLIKHARJUNA RAO, Advocate [OPUC] 4 One CC to SRI K VENUMADHAV, Advocate [OPUC] 5. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

6. Two CD Copies ADK/gh HIGH COURT DATED:2 41A1Q,025 COMMON ORDER CRLRC.Nos.2-1,7 and 103 of 2023 .2'-:1\(, :. t il 4 rr 7ffi (._. -\ I ,| ,l () (-) v DISPOSING OIF'THE BOTH CRLRCS lu6 lo,(