THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.236 of 2010 Date:18th February, 2010 Between: Suluva Tirupathi …Petitioner and 1. Saluva Swarupa 2. The State of A.P., rep. by the Public Prosecutor, High Court of A.P., Hyderabad. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.236 of 2010 JUDGMENT: This Criminal Revision Case is directed against the Judgment dated 24.12.2009 passed in Criminal Appeal No.28 of 2009 on the file of I Additional Sessions Judge at Karimnagar, whereby and whereunder the learned Additional Sessions Judge modified the ex parte order dated 09.01.2009 passed in Crl.M.P.No.10 of 2009 in D.V.C.No.2 of 2009 on the file of the Judicial Magistrate of First Class, Godavarikhani. 2. Heard learned counsel appearing for the petitioner and perused the order passed by the trial Court as well as the judgment passed by the appellate Court. 3. The petitioner is the husband of the 1st respondent/wife. The 1st respondent/wife filed D.V.C.No.2 of 2009 on the file of the Judicial Magistrate of First Class, Godavarikhani, seeking certain reliefs. The learned Magistrate, after perusing the material brought on record, passed the following Order on 09.01.2009 in Crl.M.P.No.10 of 2009, which reads as hereunder: “Heard. Perused the material on record. It prima faciely establishes that the respondent harassed the petitioner. Hence Court passing interim orders. 1. The respondents are restrained from committing any domestic violence against the petitioner at any place. 2. The respondent No.1 is hereby directed to pay monthly maintenance of Rs.4,000/- p.m. from the date of petition towards the maintenance of petitioner. 3. The respondents are directed not to alienate the permanent assets of the respondents. 4. The respondents are directed to handover the minor child namely Shashank aged 4 years who is with the respondents at their house bearing No.6-5-1056, Shivajinagar. Sri J.Srinivas, Advocate is hereby appointed as Advocate Commissioner and is directed to take custody of the above said minor child from the custody of the respondents at the above said place and produce before this Court to hand over the minor child to the petitioner. Commissioner Fee is fixed at Rs.1,000/-.” The 1st petitioner/husband along with his brother Suluva Srinivas, who has been shown as 2nd respondent in D.V.C.No.2 of 2009, filed Criminal Appeal No.28 of 2009 on the file of I Additional Sessions Judge at Karimnagar, assailing the ex parte interim order dated 09.01.2009 passed in Crl.M.P.No.10 of 2009 in D.V.C.No.2 of 2009. The learned Additional Sessions Judge, on considering the material brought on record and on hearing the counsel appearing for the parties, proceeded to modify the quantum of maintenance allowed to the wife while confirming the ex parte interim order dated 09.01.2009 in respect of the reliefs 1, 3 and 4. Accordingly, the quantum of amount allowed to the 1st respondent/wife has been reduced from Rs.4,000/- to Rs.2,000/- p.m., by judgment dated 24.12.2009. The judgment passed in the Criminal Appeal is under challenge in this revision. 4. Learned counsel appearing for the petitioner submits that the relationship between the petitioner/husband and the 1st respondent/wife has been snapped and the 1st respondent/wife has been residing with one Mallesh and therefore, the order passed by the trial Court as confirmed by the appellate Court is liable to be set aside. 5. The order passed by the trial Court is an ex parte order. The petitioner is at liberty to file the counter and resist the application filed by the 1st respondent/wife seeking interim reliefs. The appellate Court having considered the material brought on record proceeded to modify the reliefs as to quantum of maintenance while confirming the other reliefs. I do not see any illegality or irregularity in the judgment impugned in the revision warranting interference with the judgment passed by the appellate Court in exercise of powers under Sections 397 and 401 Cr.P.C. 6. Accordingly, this Criminal Revision Case is dismissed at the admission stage. ______________________ B.SESHASAYANA REDDY, J. Date:18th February, 2010. Cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.236 of 2010 Date:18th February, 2010