DENNIS SPEECHLY Vs. STATE AND ANOTHER

JUDGEMENT

(1.) The present petition is filed to quash the proceedings in D.V.C. No.4 of 2015 on the file of the I Additional Judicial Magistrate of First Class, Jagtial, Telangana State, under Section 482 of the Code of Criminal Procedure, 1973 (for short 'the Code').

(2.) Heard Sri M.V. Raja Raam, learned counsel for the petitioner and the learned Additional Public Prosecutor for the State of Telangana.

(3.) The learned counsel would submit that respondent No.2 is not the wife of petitioner and she is wife of brother of petitioner, by name Steven Speechly; she has filed the DVC only to extract money; and s once she is held to be the mistress on the basis of the allegations, she is not entitled to any maintenance under Section 125 of the Code. The learned counsel would further submit that the learned Magistrate ought to have seen that whether respondent No.2 is a spouse or not has to be established in a competent Court of law and then only respondent No.2 is entitled to any maintenance as alleged and the reasons assigned by the learned Magistrate are unsustainable.