N. PRAVEEN KUMAR Vs. N. MADHU SAILAJA

JUDGEMENT

(1.) This Criminal Revision Case, under Ss. 397 and 401 of Cr.P.C., is filed by the petitioner, challenging the judgment, dtd. 3/6/2009, passed in Criminal Appeal No.178 of 2009 by the learned Additional Metropolitan Sessions Judge, Cyberabad, NTR Nagar, Hyderabad, whereunder and whereby the order dtd. 7/7/2007 passed in DVC No.3 of 2007 on the file of the Court of the III Metropolitan Magistrate, Cyberabad at L.B.Nagar insofar as the present petitioner was set aside partly.

(2.) Heard Ms. Kiranmayee, learned counsel appearing on behalf of M/s.D.Sangeetha Reddy, learned counsel for the petitioner and Sri Nazeer Khan, learned counsel for the first respondent herein and the learned Public Prosecutor for the respondent - State. Perused the record.

(3.) The facts germane for filing of the present criminal revision case, succinctly, are that the first respondent herein who is the aggrieved person filed DVC No.3 of 2007 on the file of the Court of the III Metropolitan Magistrate, Cyberabad at L.B.Nagar under Ss. 20, 22 and 23 of Protection of Women from the Domestic Violence Act, 2005 for awarding maintenance, compensation and damages and also for granting interim relief in her favour and the minor son. The case of the aggrieved person was that she is the legally wedded wife of the petitioner herein. Sometime after the marriage, the petitioner herein and his parents harassed her mentally and physically. When she conceived pregnancy, the petitioner and his parents threatened her that they will desert her if female child is born. During pregnancy, the petitioner used to harass her sexually and used to commit sodomize on her under force due to which she developed perianal abscess which was operated and drained and would was kept open for a period of one and half years. She had to undergone six major operations including colostomy and she suffered lot of physical and mental harassment. Subsequently, she gave birth to a male child who also developed heart problem. The petitioner and his parents did not even pay expenditure for the treatment of her son and insister her parents to pay. The petitioner is having extramarital relationship with another woman. The petitioner attempted to commit suicide on 2/10/2006. The first respondent lodged a complaint against the petitioner and his parents under Sec. 498-A of IPC wherein except the petitioner his parents were arrested. The petitioner and his parents retained the gold ornaments and streedhana with them. Since the first respondent was unable to maintain herself apart from her son, she filed the above DVC for the reliefs sought for.