The High Court · 2025

TI..|E HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO: 6224 OF-2024 Between: P. Uma Shankar, S/o. Late P. Mallaiah, Aged 46 years, Occ. Business, R/o.H.No.17-1-3831M132, Manoharnagar, Champapet Main Road Near Sunitha Children s Hospital, Hyderabad, Telangana. ...PETITIONER/RESPONDENT AND 'l . Kum. Pavithra, D/o. P. Uma Shankar, Aged 15 years, Occ. Student, All are R/o. MIG 100 fttloulali, Main Road, NearVijaya Diagnostic Center, Kapra Mlalkajgiri tulandal, lvledchal-lVlalkajgiri District

2. P. Jyothi, Wo. P. Uma Shankar, Aged 41 years, Occ. Domestic Works, All are R/o. MIG 100 Moulali, Main Road, Near Vijaya Diagnostic Center, Kapra Malkajgiri Mandal, Medchal-Malkajgiri District. ...RESPONDENTS/PETITIONERS (The Respondent No.1 being minor Rep. by her mother and natural Guardian Smt. P. Jyoth i/Respondent No,2)

3. The State c{ Telangana, Rep by its Public Prosecutor, High Court at Hyderabad for the State of Telangana. ...RESPONDENT/RESPONDENT 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 set-aside the order dt.1410512}24 passed in Crl.M.P.No,3'l of 2024 in M.C.No. 26 of 2023, on the file of Principal District and Sessions Judge-Cum- Family Court, Medchal-Malkajgiri District, at Malkajgiri and consequently dismiss the said application in Crl.M.P.No.31 of 2024 in M.C.No. 26 of 2023 l.A. NO: 1OF 2024 Petition uncier 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 stay the operation of the order dt.1410512024 passed in Crl.M.P.No.31 of 2t-024 in M.C.No. 26 of 2023, on the file of Principal District and Sessions Judge-Cum-Family Court, Medchal-Malkajgiri District, at Malkajgiri, pending disposal of main Criminal Petition ;: ''-l'.::f This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri AKKAti/ ESHWAR, Advocate for the Peiltioner and SRl. JITHENDER RAO VEERAMALLA, Additicnal Pubtic Prosecutor on behalf of the Respondent No.3 and of None Appeared for the Respondent No.1 & 2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.6224 oF 2024 ORDER This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short, 'CrPC') challenging the order dated

14.O5.2024 in Crl.M.P.No.31 of 2024 in M.C.No.26 of 2O23 on the fite of the Principal Diskict and Sessions Judge, Ir,4alkajgiri, Medchal- ft/alkajgiri District.

2. I have heard [vlr. Akkam Eshwar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.3-State. 3. Briefly stated, the relevant facts are as follows: the Respondents herein/Petitioner Nos. 2 and 3, being the daughter and wife of the respondent respectively (hereinafter'the petitioners Nos. 2 and 3), filed a petition under Section 125(1) of the Criminal Procedure Code (Cr.P.C.), seeking interim maintenance of Rs.15,000/- per month each, pending final adjudication of the main maintenance case. The petitioner herein/respondenUhusband (hereinafter'the respondent') contested the petition. Upon consideration of the merits and circumstances of the case, the kial court partly allowed the petition, awarding interim monthly maintenance of Rs.6,0001 per month each to Petitioner Nos. 2 and 3 from the date of filing of the petition regularly on or before the 1Oth day of every succeeding month. r I i I i' t' 2 G\. N IR,J CRLP 6224 2024 ':" .-dn+ . '.':, Additionally, the respondent is ordered to clear the arrears within one month.

4. Learned counsel for the respondent contended that the trial court failed to properly evaluate the facts and circumstances of the case, and thereby erroneously awarded interim maintenance. It was further submitted that the respondent was previously engaged in business under the name and style of 'Sri Lakshmi Narasimha Swamy Bamboo IMat Merchants and Flower Decoration', however, alleged that his wife/petitioner No.3 had forcibly evicted him from the matrimonial home and through the said business earning an income ranging from Rs.75,0001 to Rs.1,00,0001 per month. It was also asserted that the respondent has since lost his livelihood and presently has no source of income. In addition, it was submitted that his wife/Petitioner No. 3 has also occupied a commercial premises (shutter/mulgi) owned by his mother and therefrom she is drawing rental income of Rs.20,0001 per month. Moreover, in the assets and liabilities statement filed by the wife/petitioner No.3 herself, she has declared a monthly income of Rs.12,0001. The respondent contended that the trial court failed to consider these material facts while awarding interim maintenance. Nonetheless, the petitioner expressed willingness to pay a reasonable sum towards the maintenance of his minor daughter/ petitioner No. 2. However, he 3 NTR,J :RLP 6224 2024 argued that his wife is not entitled to any maintenance in view of the aforementioned facts. It was further submitted that the veracity and legal implications of these facts are to be conclusively adjudicated in the main maintenance proceedings. Accordingly, he prayed that the revision petition be allowed and the order granting interim maintenance to his wife/Petitioner No.3 be set aside and to scale down the amount awarded to his daughter/Petitioner No.2.

5. ln spite of listing the matter under the caption 'for orders', the petitioners did not choose to appear. I have perused the materials on record.

6. 7. The relationshlp between the respondent and the petitioners is not in dispute. The specific contention raised by the respondent is that his wife/Petitioner No.3 had forcibly evicted him from the matrimonial home, took control of his business, and assumed possession of a commercial premises (mulgi) owned by her mother. lt is alleged that through these means, she is earning approximately Rs.1,20,0001 per month. This averment implies that both the respondent's wife and daughter/Petitioner No. 3 and 2) continue to reside in the matrimonial home. This pleading is an implied admission during his stay in the marital home, by conducting the business he used to eam an income between Rs.75,000/- to Rs.1,00,000/- per month, in addition his mother had rental income of Rs.20,000/- from the mulgi. 4 NTR,J CRLP 6224 2024 -i

8. Be that as it may, the respondent currenfly claims to be without any source of income, although he has expressed his willingness to provide maintenance for his minor daughter /petitioner No.2. Conversely, Petitioner No.3 has submitted in her assets and liability statement before the court below that she earns Rs..12,0001 per month by working as a domestic helper and monthly household expenses, including costs associated with dependent children, amounting to approximately Rs.50,0001.

9. [t is undisputed that both daughters, including petitioner No. 2, are residing with the wife of the respondent/ petitioner No.3. To substantiate his claim that the wife has taken over his business, the respondent has filed photocopies of cash bills dated March and April 2023, as well as photographs from April 2023 depicting a bamboo- related business and a woman whom he identifies as petitioner No. 3. However, these photographs and cash bilts, fails to unequivocally demonstrate that Petitioner No.3 is conducting the business in question.

10. ln light of the foregoing observations and bearing in mind that the interim maintenance was granted by the trial court as a provisional measure to address the immediate financial needs of the petitioners, pending comprehensive adjudication of alt material facts and circumstances in the main maintenance case, this Court, without delving into the merits of the ctaims at this interlocutory stage, finds it 5 NTR,J 3RLP 6224 2024 appropriate to partially modify the interim arrangement. Such modification is considered fair and equitable in the present context.

11. Accordingly, the petition is partly allowed. The interim maintenance is hereby modified and fixed at Rs.5,O00/- per month to each of Petitioner Nos. 2 and 3, with effect from the date of the maintenance case. This arrangement shall remain subject to the other terms and conditions set forth in the impugned order. The respondent is directed to discharge the arrears of the interim maintenance within one month from the date of receipt of a copy of this order. Pending miscellaneous applications, if any, shall stand closed. SD/- AHMEDABDULLAKHAN ASSISTANT REGISTRAR To, //TRUE COPY// ECTION OFFICER '1. The Principal District and Sessions Judge-Cum-Family Court, Malkajgiri, Medchal-Malkajgiri District

2. One CC to SRi AKKAM ESHWAR Advocate [OPUC] 3. Two CCs io Public Prosecutor, High Court for the State of Telangana at Hyderabad [OU fj

4. Two CD Copies VM/PSL HIGH COURT DATED: 171OG12025 ) :t- \. .. i) , .\i- .'. 10 sEP 2W ...! '\.- ORDER CRLP.No.6224 ol 2024 PARTLY ALLOWING THE CRIMINAL PETITION 8