GUTHIKONDA SADANANDAM Vs. GUTHIKONDA VANI DEVI

JUDGEMENT

(1.) Heard Mr. Nyayapathi Prashanth, learned counsel for the petitioner and Mr. D. Bhaskar Reddy, learned counsel for respondent No.1 and perused the record.

(2.) Respondent No.1 herein, wife of the petitioner herein, has filed an application under Sec. - 12 of the Domestic Violence Act, 2005 (for short 'Act ') seeking certain reliefs against the petitioner herein. She has also filed a petition vide Crl.M.P. No.3331 of 2018 in D.V.C. No.94 of 2017 seeking interim maintenance. The said application was allowed in part vide order dtd. 4/12/2018 by the learned VI Additional Judicial Magistrate of First Class, Warangal, granting an amount of Rs.4,000.00 per month each to the children as per the provisions of Sec. - 20 of the Act. Feeling aggrieved by the same, the petitioner herein has filed an appeal vide Crl.A. No.43 of 2019 and the same was also dismissed by the learned II Additional Sessions Judge, Warangal vide judgment dtd. 23/10/2021.

(3.) Learned counsel for the petitioner would submit that respondent No.1 has filed an execution petition seeking to execute the order dtd. 4/12/2018 passed by the learned Magistrate and the same is posted for orders on 14/3/2022. He would further submit that respondent No.1 is not spending the said maintenance amount towards welfare of the children and that the same is spending for her luxurious life. He would further submit that the petitioner herein is ready to deposit the said amount in compliance of the order passed by the learned Magistrate and it should be in the joint account of the petitioner and respondent No.1. The said contention cannot be considered in the present revision. However, liberty is granted to the petitioner to take all the said pleas before the Magistrate in a petition filed under Sec. - 125 (3) of the Cr.P.C. Learned Magistrate shall consider the same and pass appropriate orders in accordance with law. It is relevant to note that D.V.C. is of 2017 year and as per Sec. - 12 (5) of the Act, Magistrate has to dispose of the said application within sixty (60) days from the date of its first hearing. Therefore, learned VI Additional Judicial Magistrate of First Class, Warangal, is also directed to dispose of D.V.C. No.94 of 2017 within sixty (60) days from the date of receipt of a copy of this order.