V.NAGESH DAYAL RAJU Vs. NAMRATHA JAISWAL

JUDGEMENT

(1.) This criminal revision case is filed by the petitioner - respondent in M.C. No.254 of 2004, challenging the orders dated 18.09.2006 passed in the said case by the Additional Metropolitan Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case cum Additional Family Court at Hyderabad.

(2.) The 1st respondent is the wife and the respondents No.2 and 3 are the son and daughter of the petitioner, aged 9 and 7 years, respectively, by the date of filing of the petition. The 1st respondent filed a petition under Section 125 Cr.P.C. claiming maintenance of Rs.3,000/- to her and Rs.2,500/- each to the respondents 2 and 3. As per her contention, she was married with the petitioner No.1 on 14.07.1994. As the petitioner was addicted to drinking and used to harass her, she lodged a report with the Superintendent of Police, Medak District on 22.12.2003, but even after the warnings by the police, the petitioner did not change his behaviour and on 25.4.2004 he had driven the respondents out of the house to meet his illegal demand of dowry. Due to fear, the 1st respondent was living in her parents ' house. The petitioner was running a chemical factory at Patancheru and was earning Rs.25,000/- per month and also got a godown and was getting an amount of Rs.15,000/- per month towards rent.

(3.) The petitioner denied the said allegations and contended that the 1st respondent was in the habit of deserting him without any valid reason and the counselling centre also found fault with the 1st respondent. He contended that due to heavy financial loss, he was unable to run the chemical factory and incurred debts of Rs.3,00,000/- from private financiers. He denied that he was owning a godown and getting a rent of Rs.15,000/- per month and that he was having means to maintain the respondents 1 to 3. He further contended that the 1st respondent was working in the Development Credit Bank, Secunderabad and earning Rs.6,000/- per month and that she was having sufficient means to maintain herself.