LAWS(SC)-2024-7-45

MOHD. ABDUL SAMAD Vs. STATE OF TELANGANA

Decided On July 10, 2024
Mohd. Abdul Samad Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal challenges the Order dtd. 13/12/2023 passed in Criminal Petition No. 12222 of 2023 moved under Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC 1973"), whereby the High Court of Telangana modified the Order dtd. 9/6/2023 passed by the Family Court in M.C No. 171 of 2019. By virtue of disposing of the said petition, the High Court decreased the quantum of interim maintenance payable by the Appellant herein from INR 20,000/- (Rupees Twenty Thousand only) per month to INR 10,000/- (Rupees Ten Thousand only) per month.

(3.) As per the Appellant, the brief facts leading to the instant appeal are that the Appellant herein was the husband of the Respondent No. 02. Both the parties entered the matrimonial consortium on 15/11/2012. However, as their relationship deteriorated, Respondent No. 02 left the matrimonial home on 9/4/2016. Subsequently, Respondent No. 02 initiated criminal proceedings against the Appellant by lodging FIR No. 578 of 2017 for offences punishable under Ss. 498A and 406 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC 1860"). In response, the Appellant herein pronounced a triple talaq on 25/9/2017 and moved for divorce before the office of Quzath seeking a declaration of divorce, which was eventually granted ex parte, and the divorce certificate was issued on 28/9/2017.