AZMEERA JAGAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This criminal revision case, under Ss. 397 and 401 of Cr.P.C., is filed by the petitioner/husband challenging the order, dtd. 10/6/2018, passed in Crl.M.P.No.111 of 2014 in M.C.No.12 of 2010 by the Judge, Family Court-cum-VI Additional District Judge at Khammam, whereby, on a petition filed by respondent Nos.2 to 4 herein/wife and minor children, under Sec. 127 Cr.P.C. seeking enhancement of maintenance to respondent No.2 @ Rs.10,000.00 per month and respondent Nos.3 and 4 @ Rs.8,000.00 per month each, the Court below enhanced the maintenance from Rs.5,000.00 to Rs.10,000.00 per month to respondent No.2/wife and Rs.5,000.00 per month each to respondent Nos.3 and 4/minor children.

(2.) I have heard the submissions of Sri T.P.Acharya, learned counsel for the petitioner, Sri A.S.Narayana, learned counsel for respondent Nos.2 to 4 and perused the record.

(3.) The respondent Nos.2 to 4 herein/wife and minor children filed the subject Crl.M.P.No.111 of 2014 before the Court below seeking enhancement of maintenance contending that respondent No.2 is the legally wedded wife of the petitioner herein. Respondent Nos.3 and 4 were born during their wedlock. When the petitioner was working as a Teacher at Z.P.S.S.School, Kamepally, he married respondent No.2. The petitioner forced the respondent No.2 to give divorce, so that he can marry the younger sister of respondent No.2, for which respondent No.2 refused, then the petitioner started harassment. In the meanwhile, the petitioner was promoted as Head Master. Respondent No.2, unable to bear the harassment of the petitioner, approached the elders and a panchayat was held. In the said panchayat, the petitioner agreed to look after the respondent Nos.2 to 4 well, but he did not keep up his promise and necked out the respondent Nos.2 to 4. Subsequently, respondent No.2 filed a criminal case against the petitioner of the offence under Sec. 498A of IPC and also the subject maintenance case, i.e., M.C.No.12 of 2010. In the said Maintenance Case, at the intervention of elders, the petitioner agreed to pay Rs.5,000.00 to respondent Nos.2 to 4 for which, the respondent Nos.2 to 4 agreed. Accordingly, the criminal case filed for the offence under Sec. 498A of IPC was withdrawn. In view of the changed circumstances, since the amount agreed by respondent No.2 is not sufficient to meet the livelihood and educational expenses of respondent Nos.3 and 4 and since the petitioner is working as Mandal Educational Officer and drawing salary @ Rs.70,000.00 per month, under these compelling circumstances, respondent Nos.2 to 4 filed the subject Crl.M.P.No.111 of 2014 to enhance the maintenance as stated supra.