MOHAMMED SAIFULLAH Vs. MOHAMMED SATHYAVANI

JUDGEMENT

(1.) Heard Sri. A.K. Kishore Reddy, the learned Counsel for the Petitioner and Sri. E. Sambasiva Pratap, the learned Public Prosecutor. With their consent, the Criminal Petition is disposed of through BlueJeans video conferencing app.

(2.) Originally, the 1st Respondent/wife along with 2nd Respondent [her Son] filed M.C. No. 19 of 2009 before IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, under Section 125 Cr.P.C., claiming maintenance @ Rs.5,000/- per month to the 1st Respondent and @ Rs.3,000/- per month to 2nd Respondent herein. By its Judgment, dated 19.09.2011, the learned Magistrate allowed the M.C., granting maintenance @ Rs.2,000/- per month to the 1st Respondent/wife and Rs.1,000/- per month to 2nd Respondent/son; apart from directing the Petitioner/husband to pay costs of Rs.1,000/-. Aggrieved by the same, the Petitioner/husband herein preferred Criminal Revision Petition No. 90 of 2011, before the III Additional District and Sessions Judge, Kakinada, East Godavari District. Vide Judgment, dated 24.06.2013, the learned Sessions Judge, dismissed the said revision. Assailing the Order, dated 24.06.2013, passed in Criminal R.C. No. 90 of 2011, this present application is filed, under Section 482 of Code of Criminal Procedure, 1973.

(3.) (I) The facts, in issue, show that, the Petitioner herein is the husband of the 1st Respondent and the 2nd Respondent is the second child born to them. The parents of 1st Respondent/wife used to run a tea stall near the Petitioner/husband shop and, as such, the Petitioner/husband used to visit the tea stall of the parents of the 1st Respondent/wife regularly. Slowly, the Petitioner/husband trapped the 1st Respondent/wife on the pretext of love and finally both of them fell in love with each other. Thereafter, the Petitioner/husband said to have induced the 1st Respondent/wife to have sexual intercourse and promised to marry her by converting her into Islam religion.