SHAIK MALIK BASHA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Revision Case is filed aggrieved by the order in M.P. No.652 of 2016 in M.C.No.459 of 2015, dated:6.11.2017 on the file of Additional Metropolitan Sessions Judge for the Trial of JHCBBCcum-Additional Family Court, Hyderabad.

(2.) The contention of the petitioner is that respondent No.2 is also earning merely gross salary of Rs.65,000/- per month but whereas, petitioner is earning nearly Rs.80,000/- per month. There is an obligation on the part of respondent No.2 to maintain children who are respondent Nos.3 and 4. Whereas, Counsel for the respondent Nos.2 to 4 contended that the Trial Court while granting interim maintenance considered the same fact and allowed only meager maintenance amount at the rate of Rs.5,000/- to each respondents 3 and 4. From the record, it is clear that respondent No.2 is the wife, respondents 3 and 4 are children of the petitioner. The marriage between petitioner and respondent No.2 was solemnized on 11.11.2012 as per Muslim rights. Differences arose between petitioner and respondent No.2 when she was pregnant for the second time and due to differences they are living separately. The allegation is that petitioner is making harassment for demand of vehicle and also additional dowry.

(3.) From the counter, it is clear that the petitioner filed O.P. No.1220/2016 for restitution of conjugal rights and the same is pending. Subsequently, after filing M.C.No.459/2015, there was also a mediation before the elders and both the parties entered into an agreement dated:12.10.2014 with regard to maintaining cordial relationship with each other family members and to lead the married life without creating any problems.