JUDGEMENT
C. Praveen Kumar,J. -
(1.)Heard Sri. A.K. Kishore Reddy, the learned Counsel for the Petitioner and Sri. E. Sambasiva Pratap, the learned Public Prosecutor. With their consent, the Criminal Petition is disposed of through BlueJeans video conferencing app.
(2.)Originally, the 1st Respondent/wife along with 2nd Respondent [her Son] filed M.C. No. 19 of 2009 before IV Additional Judicial Magistrate of First Class, Kakinada, East Godavari District, under Section 125 Cr.P.C., claiming maintenance @ Rs.5,000/- per month to the 1st Respondent and @ Rs.3,000/- per month to 2nd Respondent herein. By its Judgment, dated 19.09.2011, the learned Magistrate allowed the M.C., granting maintenance @ Rs.2,000/- per month to the 1st Respondent/wife and Rs.1,000/- per month to 2nd Respondent/son; apart from directing the Petitioner/husband to pay costs of Rs.1,000/-. Aggrieved by the same, the Petitioner/husband herein preferred Criminal Revision Petition No. 90 of 2011, before the III Additional District and Sessions Judge, Kakinada, East Godavari District. Vide Judgment, dated 24.06.2013, the learned Sessions Judge, dismissed the said revision. Assailing the Order, dated 24.06.2013, passed in Criminal R.C. No. 90 of 2011, this present application is filed, under Section 482 of Code of Criminal Procedure, 1973.
(3.)(I) The facts, in issue, show that, the Petitioner herein is the husband of the 1st Respondent and the 2nd Respondent is the second child born to them. The parents of 1st Respondent/wife used to run a tea stall near the Petitioner/husband shop and, as such, the Petitioner/husband used to visit the tea stall of the parents of the 1st Respondent/wife regularly. Slowly, the Petitioner/husband trapped the 1st Respondent/wife on the pretext of love and finally both of them fell in love with each other. Thereafter, the Petitioner/husband said to have induced the 1st Respondent/wife to have sexual intercourse and promised to marry her by converting her into Islam religion.
(ii) In the year 1999, the Petitioner/husband took the 1st Respondent/wife to Madina Ali Darga at Gandhi Center of Samalkot, where, in the presence of his Muslim friends and other friends, got declared through them that the 1st Respondent/wife is converted to Islam and changed her name from Satyavani to Safeena. However, the marriage between the 1st Respondent/wife and the Petitioner/husband was kept in secret till he convinced his elders. Believing his version, the 1st Respondent/wife did not disclose the fact of marriage to others for some-time, but, when she became pregnant, the Petitioner/husband insisted her to undergo abortion. At that point of time, the 1st Respondent/wife disclosed the fact of marriage to the parents of Petitioner/husband, leading to a dispute before the elders. It is said that, thereafter, both of them lived together, during which time, the 1st Respondent/wife became pregnant twice, but, unfortunately, the same resulted in abortion, in the year 2001 and 2003. When the doctors opined that, the possibility of the 1st Respondent/wife delivering children is difficult, the Petitioner/husband started developing illegal contacts with other women. As and when, the 1st Respondent/wife raised objection about the illegal contacts, the Petitioner/husband used to beat her inhumanly.
(iii) It is said that, when the 1st Respondent/wife became pregnant, the Petitioner/husband asked her to remain with her parents and, in the year 2004, she gave birth to a male child, by name, Abdul Khalam. However, in the year 2005, she gave birth to another child, but, the said baby died.
(iv) As things stood thus, the Petitioner/husband informed the 1st Respondent/wife that he made loss in business and requested her to go to foreign country and earn some money, which can be used for welfare of the family. Believing the version of the Petitioner/husband, the 1st Respondent/wife went to Bahrain and used to send money regularly to the Petitioner/husband. After receipt of the money, the Petitioner/husband again renewed his illegal contacts with other women and used to spend the money, sent by the 1st Respondent/wife, lavishly for his personal expenses and neglected the child. The said fact was informed to the 1st Respondent/wife, [who was in Bahrain], by the parents of the Petitioner/husband. The 1st Respondent/wife expressed her intention to return back to India, but, the same was objected to by the Petitioner/husband stating that he changed his attitude and would take care of the child. The Petitioner/husband further assured that, when the 1st Respondent/wife returns back from Bahrain, he would setup a separate family at Samalkota, but, failed to keep up his promise.
(v) It is said that, the first child, by name, Abdul Khalam, died due to ill-health; and in the year 2007, the 1st Respondent/wife gave birth to another child, by name, Zaman, who is the 2nd Respondent herein. As things became worse and the relationship got strained and, since the Petitioner/husband has spent away the entire amount earned and sent by the 1st Respondent/wife to him, she filed M.C., claiming maintenance, as stated supra. It is pleaded that, the Petitioner/husband is doing business in meat and earning Rs.20,000/- per month.