Y.BHANU PRAKASH Vs. STATE OF A.P.

JUDGEMENT

(1.) This criminal revision case is filed under Sec. 397 and 401 of Cr.P.C. to set aside the order dtd. 18/12/2017 in M.C.No.134 of 2015, on the file of Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-IX Metropolitan Sessions Judge, Hyderabad.

(2.) Heard the learned counsel for the petitioner and the learned counsel for respondent Nos.2 and 3. Perused the material record.

(3.) The petitioner is the husband and the second respondent is his wife and the third respondent is their son. The second respondent filed petition under Sec. 125 Cr.P.C. to grant maintenance to her and to their son i.e. the third respondent herein from the petitioner. The marriage of the petitioner and the second respondent was a love marriage and inter-caste marriage held on 27/1/2011 at Arya Samaj Mandir and later, their parents performed their marriage on 25/2/2011 as per Hindu rites and customs. Their marriage was consummated. Out of their wedlock, the third respondent was born to them on 19/5/2012. After that disputes arose between them and the parents of the petitioner necked out her along with child on 5/12/2012. In February, 2013, a petition was filed by the petitioner for restitution of conjugal rights and after receiving notice she appeared before the Court and after counseling, the second respondent along with child joined the petitioner at her matrimonial house. On 30/1/2013, the petitioner left the second and third respondent at the Court premises and when she went to her in-laws house, they did not allow her. Since then she is residing with her parents along with her child. The parents of the second respondent are not in a position to maintain them. The petitioner is running a Cyber Caf ((THELAW)) Internet shop and earning Rs.35,000.00 to Rs.40,000.00. As such, the second prayed to award Rs.15,000.00 per month to her and her child.