Nyalakonda Pranay Kumar vs Nyalakonda Sravani & Ors.

This Criminal Revision Case has been filed aggrieved by the order dated 18.01.2021, passed by the Judicial Magistrate of First Class, Manuguru (for short 'the trial Court') in Crl.M.P.No.274 of 2020 in M.C.No.05 of 2020, wherein, the learned trial Court directed the petitioner to pay an amount of Rs.5,000/- per month to respondent No.1 and Rs.2,500/- per month to respondent No.2, totaling Rs.7,500/- per month from the date of filing of the petition i.e., 23.01.2020, by way of interim maintenance.

Heard Mr. T. P. Acharya, learned counsel for the petitioner, appearing through video conference.

Learned counsel for the petitioner submitted that the learned trial Court without properly considering the contentions raised by the petitioner, erroneously allowed the application in part and directed the petitioner to pay a huge amount of Rs.7,500/- to respondent Nos.1 and 2 towards interim maintenance, though the petitioner is not having any financial source to pay such amount. Respondent No.2 has not produced any iota of material that the petitioner is having substantial income to pay the maintenance. In the absence of any material on record, learned trial Court passed the impugned order and the same is contrary to law and liable to be quashed.

Having considered the submissions made by the learned counsel for the petitioner and after perusal of the material available on record, it reveals that respondent Nos.1 and 2 are none other than the wife and minor daughter of the petitioner and the petitioner is not disputing the relationship with respondent Nos.1 and 2. Respondent No.2 filed M.C.No.5 of 2020 invoking the provisions under Section 125 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C'), claiming maintenance to her and her minor daughter. Along with the said case, she had also filed Crl.M.P.No.274 of 2020 invoking the provisions under Section 125(1) of the Cr.P.C, seeking interim maintenance of Rs.15,000/- per month. Learned trial after taking into consideration the averments made in support of the application, allowed Crl.M.P.No.274 of 2020 in part, on 18.01.2021, directing the petitioner to pay an amount of Rs.7,500/- per month to respondent Nos.1 and 2 as interim maintenance. Even according to the pleadings of the learned counsel for the petitioner, the main M.C is pending before the trial Court.

This Court is of the considered view that the learned trial Court had rightly passed the discretionary order in favour of respondent Nos.1 and 2. Hence, this Court does not find any irregularity or illegality or jurisdictional error in the impugned order passed by the learned trial Court to exercise the powers conferred under Section 482 of the Cr.P.C.

However, the learned trial Court is directed to conclude the trial in M.C.No.4 of 2020 and dispose of the same, in accordance with law, as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of a copy of this order, uninfluenced by any of the observations made in the impugned order or in this order. It is made clear that the parties in lis shall cooperate with the trial Court for disposal of M.C.No.5 of 2020 without seeking undue adjournments.

Accordingly, the Criminal Revision Case is disposed of. Miscellaneous applications, pending if any, shall stand closed.