Masadi Ganapathi v. The State Of Telangana,

THE HON'BLE SRI JUSTICE P.KESHAVA RAO CRIMINAL REVISION CASE No.1376 OF 2018 ORDER:

The present Criminal Revision Case is filed questioning the orders dated 12.04.2018 passed in Crl.A.No.156 of 2017 on the file of III Additional District & Sessions Judge, Asifabad, confirming the orders passed in Crl.M.P.No.314 of 2017 in D.V.C.No.6 of 2017, dated 13.11.2017 on the file of the Principal Judicial Magistrate of First Class at Asifabad, directing the petitioner to pay a sum of Rs.3,000/- per month each to the respondents 3 and 4 herein towards interim maintenance.

Heard the learned counsel for the petitioner and the counsel for the respondents 2 to 4.

The facts of the case are that the respondents 2 to 4 herein filed D.V.C.No.6 of 2017 seeking various reliefs against the petitioner herein on the file of the Principal Judicial First Class Magistrate, Asifabad. Pending the D.V.C., a petition in Crl.M.P.No.314 of 2017 is filed seeking interim maintenance at the rate of Rs.10,000/- and Rs.5,000/- per month to the respondents 3 & 4 herein. The learned magistrate, after hearing both the parties and considering the facts and circumstances of the case, allowed the petition in part by orders dated 13.11.2017 and directed the petitioner to pay a sum of Rs.3,000/- per month each to the respondents 3 & 4 herein towards interim maintenance pending disposal of the DVC. Aggrieved by the said orders, the petitioner herein filed an appeal in Crl.A.No.156 of 2017 on the file of III Additional District & Sessions Judge, Asifabad. The lower

appellate Court dismissed the appeal by orders dated 12.04.2018. Aggrieved by the said orders, the present revision is filed. The learned counsel appearing for the petitioner would contend that the petitioner herein is doing cloth selling business and he cannot afford to pay the interim maintenance as awarded by the Court below. He also brought to the notice of this Court that the respondent No.2 is working as a Forest Section Officer and is earning a sum of Rs.60,000/- per month. Therefore, he requested this Court to consider the same and reduce the interim maintenance pending the DVC.

Per contra, Sri C.V.R. Rudra Prasad, learned counsel appearing for the respondents 2 to 4 contended that the respondents 2 to 4 are driven out from the house of the petitioner. In fact, the petitioner has already contracted second marriage and living with another woman. He also informed the Court that apart from doing the cloth business, he is also doing money lending business and earning approximately a sum of Rs.1,00,000/- per month.

Having heard both the counsel and a perusal of the material on record, it is revealed that while awarding the interim maintenance, the trial Court has not taken into consideration the financial status of both the parties in depth. There is no finding at all in this regard. However, as a temporary measure to get over the difficulties and to have sustenance during the pendency of the DVC, the trial Court has directed the petitioner herein to pay a sum of Rs.3,000/- per month each to the respondents 3 and 4. At any rate, the said fixation may not have any force or consideration

while awarding the maintenance on permanent basis in the main DVC. That being the case, this Court is not inclined to interfere with the temporary arrangement made by the Court below while granting the interim maintenance. As such there are no merits in the Criminal Revision Case and the same is liable to be dismissed. Accordingly, the Criminal Revision Case is dismissed. However, in the peculiar facts and circumstances of the case, the learned Principal Judicial Magistrate of First Class, Asifabad is directed to dispose of D.V.C.No.6 of 2017 within a period of four months from the date of receipt of a copy of this order. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P.KESHAVA RAO,J 16th JULY 2018.

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