The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grouhds of Criminal petition, the High Court may be pleased toto quash the orders passed in Crl.M.p.No.687 of 2021 in M.C.No.11 of 2021 dated 20-06-2024 on the fite of Court of the ll Additional Junior civil Judge - cum - ll Addl. Judicial Magistrate of First class at Nizamabad, seeking interim maintenance of Rs.10,000i- per month to each of the Respondent Nos.2 to 5 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. l.A. NO: 1OF 2024 Petition under Section 528 of BNSS praying that stated in the Memorandum of Grounds of Criminal Petition be pleased to stay the execution of the orders passed in Cr in M.C No.11 of 2021 dated 20-06-2024 on the file of Co_r Junior Civil Judge - Cum - ll Addl. Judicial Magistrat Nizamabad, seeking interim maintenance of Rs.10,000/- p the Respondent Nos.2 to 5 Pending disposal of the main C r r the circumstances the High Court may It/ P No.687 ot 2021 t of the ll Additional r of First Class at 3r month to each of minal Petrtion and to This Petition coming on for hearing, upon perusrn!l the Memorandum of Grounds of Criminal Petition and upon hearing the argur rents of Sri, BOLLU NAGARAJU, Advocate for the Petitioner and the Additior:l Public Prosecutor (TG) on behalf of the Respondent No.1 and of Sri N. Ravi I rakash Advocate for the Respondent No. 2 to 5 The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SMT. JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No.10122 of 2024 DATE:03.12.2025 Between: Banavoth [/lurali Petitioner AND The State of Telangana Rep. by its Public Prosecutor and four others Respondents :ORDER: Challenging the order dated 20 06.2024 passed Crl.M P.No.687 ol 2021 in M.C.No.'l 1 of 2021 by the learned ll Additional Junior Civil Judge-cum-ll Additional Judicial Magistrate of First Class at Nizamabad (for short 'trial Court'), this Criminal Petition is filed by the petitioner-respondent By the impugned order, the petitioner-respondent was directed to pay interim monthly maintenance of Rs.10,0004 each to respondent Nos.2 to 5 from the date of filing the application until disposal of the tVl.C

2. Heard Mr. Bollu Nagaraju, learned counsel for the petitioner, lVlr. N.Ravi Prakash, learned counsel for respondent Nos.2 to 5 and perused the material on record

3. Respondent No.2 is the wife of the petitioner herein, and respondent Nos.3 to 5 are their children. Respondent Nos.2 to 5 2 filed lVl.C.No.11 of 2021 under Section 125 of tL '.P.C., seeking maintenance from the petitioner herern. They har, : also filed an application under Section 125(2) of Cr p C s 3eking interim maintenance vrde Crl.t\4.P.No.687 of 202.1 . By the i rpugned order, the learned lVlagistrate directed the petitioner hereir to pay interim maintenance of Rs.10,000/- per month each to res6rr ndent Nos 2 to 5, from the date of filing of the application till the lisposal of the It/.C. Aggrieved by the said order, the petitioner 1i :d the present criminal petition.

4. Learned counsel for the petitioner subnrits tha erred in passing the impugned order and lr : the trial Cou( lerim monthly marntenance awarded rn favour of respondent Ncs .2 to 5 is very excessive and beyond the financial capacity of the petitioner. Hence, he prayed to set aside the impugned order. 5 On the other hand, learned counsel for resprt rdent Nos 2 to 5 submits that the petitioner is working as an Assir tant Professor and is earning Rs.3,00,0001 per month. He fuil-t r submits that the trial Court has rightly passed the impugned orde and the same does not call for any interference by this Court. Hel ce, he prayed to dismiss the petition. 3

6. Having heard the learned counsel appearing on both sides and upon perusal of the material on record, it is evident that the petitioner is working as an Assistant professor and is earning a substantial income, which is not only adequate to maintain himself but also to maintain his wife and children. lt is a setiled legal proposjtion that the husband is under a statutory obligation to maintain his wife and children.

7. ln view of the above, this Court is of the considered opinion that the impugned order, having been passed in the nature of interim maintenance, does not suffer from any legal infirmity or illegality and the same needs no interference. 8 Accordingly, this Criminal petition is dismissed. However, il is made clear that the observations made by this Court in this ordeir are solely confined to the disposal of the present petition and shall have no bearing whatsoever on the merits of the M.C. proceedings. The trial Court shall proceed with the l\rl.C. uninfluenced by the observations made herein. Pending miscellaneous applications, if any, shall stand closed. \ ,TRUE COPY// SD/. M NAGAMANI ASSISTANT REGISTRAR SECTION OFFICER To,

1. The ll Additional Junior Civil Judge - Cum - ll Addl. Judicial Magistrate of First Class at Nizamabad, Nizamabad District

2. One CC to Sri Bollu Nagaraju' Advocate IOPUC] 3. One CC to SRI N RAVI PRAKASH Advocate [OPUC] 4. Two ccs to PUBLIC PROSECUTOR' High court for the state o at Hyderabad [OUT] -elangana

5. Two CD Copies PK/ABK HIGH COURT DATED:0311212025 CRLP.No.10122 of 2024 l\ i r- iTA oi\ d ,) ., v 0ti ?12[ t Or- ,,^r*l:/ CRIMINAL PEITITION IS DISMISSED. q\