Telangana High Court
Pakasipet Raja Lingam, Nizamabad Dt., vs P.Radha, Vanri Mandal And Anr, Rep Pp., on 24 July, 2023
1
THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL
CRIMINAL REVISION CASE No.2635 OF 2013
O R D E R:
This Criminal Revision Case is filed against the judgment dated 09.10.2013 in Criminal Appeal No.55 of 2011 passed by the learned VII Additional District and Sessions Judge, Nizamabad at Bodhan (for short, "the appellate court") by confirming the order dated 15.06.2011 in D.V.C.No.10 of 2008 on the file of learned Judicial Magistrate of First Class, Bodhan (for short, "the trial court").
2. Heard Mr. Lakshmi Narayana, learned counsel representing Mr. M.A.K. Mukheed, learned counsel for the petitioner and Mr. Vizarath Ali, learned Assistant Public Prosecutor appearing for the respondent State.
3. Learned counsel for the petitioner submitted that the trial court failed to appreciate the evidences of PW1 and PW2 and directed the petitioner to pay an amount of Rs.4,000/- per month to respondent No.1 from the date of the complaint, which is liable to be set aside. Further, the trial court also granted an amount of Rs.3,000/- per month to respondent No.1 and her children in M.C.No.32 of 2007 vide order dated 18.06.2011. Therefore, 2 submits that granting such similar reliefs would result in miscarriage of justice and therefore seeks to allow the Revision Case by setting aside the judgment passed by the appellate court.
4. Per contra, learned Assistant Public Prosecutor submits that the trial court, upon appreciating the oral and documentary evidence available on record in proper perspective rightly passed the order dated 15.06.2011 in D.V.C.No.10 of 2008 and the same is confirmed by the appellate court vide judgment dated 09.10.2013 in Criminal Appeal No.55 of 2011. Hence, seeks to dismiss the Revision Case.
5. The brief facts of the case are that the marriage between the petitioner-husband and respondent No.1-wife was solemnized in the year, 1986 as per Hindu rites and customs. They were blessed with three children. Later, disputes cropped up between them. Respondent No.1 filed D.V.C.No.10 of 2008 on the file of the trial court under Sections.18, 19, 20, 21 and 22 of the Protection of Women against Domestic Violence Act, 2005 (for short, "DVC Act"). The trial court vide order dated 15.06.2011 in D.V.C.No.10 of 2008 directed the petitioner not to cause any domestic violence to respondent No.1, her children and her dependants in any way and prohibited him from entering into the 3 place of employment of respondent No.1 and her daughter. The petitioner was also directed to pay an amount of Rs.4,000/- per month to respondent No.1 and her children from the date of the complaint payable by 10th of every month and to provide a room or a second alternative accommodation to respondent No.1 and her children of the same level as enjoyed by the petitioner and respondent No.1 in a shared household. He is also directed to pay compensation of Rs.20,000/- payable in ten monthly equal installments from the date of the order. Respondent No.1 was granted liberty to have custody of her children.
6. Aggrieved by the same, the petitioner preferred an appeal on the file of the appellate court and the appellate court vide judgment dated 09.10.2013 in Criminal Appeal No.55 of 2011 dismissed the Criminal Appeal confirming the order passed by the trial court. Hence, the present Revision.
7. A perusal of the record shows that the matter pertains to the year, 2013. Upon careful consideration of the entire material available on record, this Court is of the view that the maintenance granted to respondent No.1 and her children is very meagre and appropriate. Challenging such a meagre amount is not permissible at this stage as the cost of living standards of the 4 people have escalated. Hence, I find no reason to interfere with the judgment dated 09.10.2013 in Criminal Appeal No.55 of 2011 while confirming the order dated 15.06.2011 in D.V.C.No.10 of 2008 passed by the trial court.
8. Accordingly, the Criminal Revision Case is dismissed.
Miscellaneous Petitions, pending if any, shall stand closed.
_____________________ E.V. VENUGOPAL, J Date: 24.07.2023 ESP 5 THE HON'BLE SRI JUSTICE E. V. VENUGOPAL 167 CRIMINAL REVISION CASE No.2635 OF 2013 Dated: 24.07.2023 ESP