KEDAR CHOUTAI Vs. JAMUNA

JUDGEMENT

(1.) This revision is filed against the order dtd. 17/2/2022 in Criminal Appeal No.27 of 2020 on the file of Principal District and Sessions Judge, Medak at Sangareddy, which was arising out of the orders dtd. 7/12/2020 in Crl.M.P.No.513 of 2020 in Crl.M.P.No.2296 of 2019 in D.V.C.No.4 of 2019 on the file of Judicial Magistrate of First Class, Zaheerabad.

(2.) Initially, domestic violence case was filed by respondent No.1/Smt.Jamuna against her husband/Kedar Choutai i.e. the petitioner herein, for interim maintenance. The trial Court has allowed the said petition by order dtd. 6/2/2020, granting interim maintenance of Rs.10,000.00 per month, to respondent No.1 herein. Being aggrieved by the said orders, the petitioner herein has filed Crl.R.P.No.11 of 2020 before the Principal District and Sessions Judge, Medak, which was dismissed on 6/10/2020 confirming the orders of the trial Court, as the petitioner herein has failed to deposit the interim maintenance amount granted by the trial Court.

(3.) Being aggrieved by the said orders, a petition has been filed by respondent No.1 seeking relief to punish the petitioner for non-payment of interim maintenance as per the order dtd. 6/2/2020. The petitioner contested the said petition by filing a detailed counter affidavit contending that the petition itself was not maintainable, as he could not receive the certified copies of the orders. It is also contended that as he intended to file a quash petition against the said orders, he did not deposit the amounts, therefore, he is not liable for punishment.