IN THE COURT OF THE HON’BLE PRINCIPAL DISTRICT CUM SESSIONS JUDGE

CUM FAMILY COURT JUDGE: MEDCHAL-MALKAJGIRI DISTRICT: AT

MALKAJGIRI.

M.C. No. 69 OF 2023

BETWEEN:

1. Reshma Hussain, W/o. Shaik Riyaz,

D/o. Md. Hussain, aged about 30 years,

Occ: Housewife,

2. Shaik Ruhi Taraina, D/o Shaik Riyaz

aged about 4 years, Occ: Student,

Both .

The above petitioner No.2 is a minor,

As such she is represented by her

Natural guardian & mother i.e., (Petitioner No.1 herein) ….. Petitioners

AND

I) Shaik Riyaz, S/o. Late. Khaderbaba,

aged about 36 years, Occ: Software Engineer,

H.No: 5-2-58, Santi Nagar, Near Mission Hospital,

Mustafa Nagar, Khammam, Telangana-507001

II) H.No: B/103, Sri Kalki Heights,

Manjeera Pipeline Road, Rama Krishna Nagar,

Hafeepet, Madeenagudu, Hyderabad-500049

Cell: 9959098962. …. Respondent

PETITION FILED FOR CLAIMING MAINTENANCE U/S 125 OF CRIMINAL PROCEDURE CODE
THE PETITIONERS RESPECTFULLY SUBMITTED AS UNDER:

I. The description of the Petitioners are the same as mentioned in the above cause title and
the address for the service of notices, summons, processes, etc., is the same as that of their Counsel,
II. The description of the Respondent is the same as mentioned in the above cause title and the
address for the service of notices, summons, processes, etc.,

THE PETITIONERS HUMBLY SUBMITS AS FOLLOWS:

1. The petitioners respectfully submitted that the marriage of the petitioner no.1 was performed
with the respondent on 10-07-2017 by parents of both the sides as per Islam rites and customs in
the presence of elders and well-wishers. The marriage was an arranged marriage. The petitioner
no.1 further humbly submitted that at the time of marriage as per the demands made by the
respondent, his mother Shaik Syedabi, the parents of the petitioner no.1 have given 30 tulas of gold
ornaments, 12,50,000 cash, 15,50,000 for marriage expenses, 1,50,000 for Marriage clothes and
Furniture, 2,00,000 for Engagement Expenses, a Plot of 2.75cents in Kurnool and Half acre farmland,
total 48,00,000 Rupees in the presence of elders of both sides. Thereafter both started living in
matrimonial home at Bangalore.

2. The petitioners respectfully submit that the respondent's mother made a promise to buy a house
for the couple in Hyderabad after the marriage. She made this commitment to convince petitioner
no.1 and her parents to accept the wedding. However, before the wedding, the respondent's
mother lied to the petitioner no.1's parents and the petitioner no.1. She claimed that her daughter
and son-in-law lived in Singapore and worked as software engineers, but it turned out that they had
no job and were living in India. This was revealed by the respondent's brother-in-law after the
marriage. Additionally, the respondent's mother lied about the respondent's younger brother's
salary, claiming that he made Rs. 80,000 when in fact, he did not. Ultimately, the respondent's
mother successfully deceived the petitioner no.1 and her family members into accepting the
wedding. But later the petitioner no.1 found out that the respondent was taking the responsibility of
everyone in his family, including his sister and her husband and younger brother, during the time of
wedding, the respondent was working in Oracle India pvt.ltd in Bangalore with a take home salary of
1,05,000.

3. The petitioners respectfully submit that after getting married, the petitioner no.1 lived in
Hyderabad for two months due to her job. During this time, she made some time during her holidays
to visit her in-laws in Khammam and her husband in Bangalore. In September, the petitioner no.1
resigned from her job in Hyderabad and went to Bangalore to live with the respondent. However,
after a few days, the respondent started to torture the petitioner no.1, claiming that he was under a
lot of stress due to the responsibility of taking care of his mother, brother, sister, and brother-in-law.
He also claimed that his salary was insufficient to take care of them. As a result, he pressured the
petitioner no.1 to ask her father for Rs. 5,00,000. The respondent began harassing petitioner no.1 for
money from her parents and started harassing the petitioner no.1 every day after drinking. He also
physically and mentally abused the petitioner no.1. As a result, the petitioner no.1 was threatened
and underwent a lot of harassment. The respondent dropped the petitioner no.1 off at her parent’s
house in Hyderabad, but never came to pick her up. The petitioner no.1 tried to convince the
respondent to take her back to his house, but he was reluctant to live with her.

4. The petitioner no.1 respectfully submits that the respondent never listened to her and showed no
interest in her interests. As a result, the petitioner no.1 experienced a lot of depression. When her
parents found out about this, they invited the respondent to their house to talk about their better
future. However, the respondent's mother and sister told him not to go. As a result, the respondent
decided not to visit the petitioner no.1's house. Moreover, the respondent and his family members
did not even visit the petitioner no.1's house during the Sreemanthamu (Baby shower) event or any
other occasions. This made the petitioner no.1 and her parents very sad. Moreover, the respondent
used to blame the petitioner no.1 saying that the petitioner's parents never invited him to their
house.

5. The petitioners respectfully submits that after the Sreemanthamu event, the respondent took her
to his house in Bengaluru. However, the petitioner no.1 faced a lot of discrimination and mental
trauma from her mother-in-law and sister-in-law. They both forced her to ask for additional dowry
and household items. Due to the ill-treatment, the petitioner no.1 became very weak and eventually
fainted. The respondent took her to a nearby hospital called Srusti Hospital. However, after
petitioner no.1 was discharged from the hospital, the harassment continued. This was a never-
ending struggle for the petitioner.

6. The petitioners respectfully submit that when her parents found out about the ill-treatment she
was facing, they visited the respondent's house in Bangalore to inquire about it. However, when the
petitioner no.1's father asked about the torture and the dowry given during the wedding, the
respondent's mother replied in a very bad way. She scolded him using vulgar language and blamed
the petitioner no.1 for getting pregnant with someone else while staying with her parents in
Hyderabad. After the petitioner no.1's parents left the respondent's home in Bangalore with
humiliation, the respondent's mother and sister started treating the petitioner no.1 even more
cruelly. They even refused to give her any food and made false allegations about her to the
respondent. Due to this cruel treatment, the petitioner no.1 fainted for the second time while she
was pregnant. She was then taken to the same hospital called Srusti Hospital. The hospital staff,
including the doctors and nurses, scolded the respondent, his mother, and his sister, saying that they
were being so cruel to a pregnant woman. They warned them not to repeat such behavior again as
the petitioner no.1's life and that of her child were at risk.

7. The petitioners respectfully submitted that the respondent’s family members did not stop treating
her the way they used to even after listening to doctor suggestions, the petitioner no.1’s father
understood the position of the petitioner no.1 at the respondent’s house and he picked up the
petitioner no.1 from the respondent house in Bangalore and took her to his house in Hyderabad, at
the time when the petitioner no.1’s father bought her to their house, she was a seven month
pregnant mother, and during the petitioner no.1 stay at her parent’s home in Hyderabad. The
respondent shifted to Hyderabad without intimating the petitioner no.1 and did not bother to
contact the petitioner no.1 and he never tried to meet her.

8. The petitioners respectfully submit that the respondent did not contact or meet her until one day
before the delivery and on the day of the delivery, he only went to the hospital to claim his health
care benefit. The respondent's health card was claimed for Rs. 60,000, and the rest of the bills and
other expenditures for the delivery were taken care of by the petitioner no.1's parents. On
31/8/2018, the petitioner no.1 was blessed with a girl child who is petitioner no.2, at the Mayflower
for Women and Children Hospital in AS Rao Nagar, and the petitioner no.1 and her parents were
very happy about the baby i.e., herein Petitioner no.2. However, the respondent did not express any
joy or take any responsibility for Petitioner no.2’s care until she turned eight months old. During the
eight months after the birth, the petitioner and the baby stayed with the petitioner's parents, and
the respondent did not take the petitioner no.1 to his home, even after being requested to do so. He
used to say that he would not be able to take the petitioner no.1 to his house until his sister and her
family left for Australia, and the respondent told the petitioner no.1 that he would take a flat for
rent and then take her there and gave his sister rupees 15,00,000/- for his sister’s family travel
expenses.

9. The petitioners respectfully submits that the respondent took the petitioner no.1 to his house in
Hyderabad, as he had promised after his sister's family left for Australia. However, the respondent
did not live with the petitioner no.1 for many days, and after a few days, he dropped her back at her
parents' house in Hyderabad. The petitioner no.1 requested the respondent several times to pick her
up from her parent’s home and allow her to live with him in Hyderabad. However, the respondent
never fulfilled her requests and would also instruct the petitioner no.1's parents to not visit his
house for any kind of settlement. The petitioner no.1, accompanied by her brother, went to the
respondent's house in Hyderabad.

10. The petitioners respectfully submit that the respondent's family members requested a doctor to
administer an overdose of medicine to her, which affected petitioner no.2 being born with a
disability. The petitioner no.1 became aware of this when consulting with a doctor regarding her
baby's condition who is petitioner no.2. The doctor informed her that during her pregnancy, she had
been given an excessive amount of medication, which led to the petitioner no.2 being born with
disabilities. The petitioner no.1 further submits that all the medical expenses and other expenditures
related to the baby's care were taken care of by her parents. The petitioner no.1 claims that the
treatment for the petitioner no.2 would cost Rs. 40,000 every month, which was being paid for by
her parents.

11. The petitioners respectfully submit that the respondent had asked petitioner no.1 to get a job,
stating that his own salary was not sufficient for him and his family members. He had put additionaal
pressure on the petitioner no.1 to find a high-paying job. When the petitioner no.1 had casually
asked him about his own salary, which was over one lakh, he had become very angry and verbally
abusive towards her. The respondent had then booked a cab for the petitioner no.1 and sent her
back to her parent’s house. The petitioner no.1 had been crying when she reached her parent’s
house, and her parents had contacted the respondent to arrange a meeting in their home. During
the meeting, the petitioner no.1's parents had pleaded with the respondent not to mistreat their
child and to take good care of her and keep her happy.
12. The petitioners respectfully submit that the respondent was a womanizer and would boast about
how he could easily find girls for his own pleasure for a price of 2,000 or 3,000. The petitioner no.1
further submits that the respondent would start arguments with her for no reason and would even
record these arguments on his phone. The petitioner no.1 has all these recordings with her as
evidence. Additionally, the respondent would physically assault the petitioner no.1 if she ever
pointed out anything wrong, he had done. The petitioner no.1 also claims that the respondent would
happily spend all his salary on his own family members but was always reluctant to take care of the
petitioner no.1 or their child who is petitioner no.2. Whenever questioned about this, the
respondent would simply shift the responsibility onto the petitioner no.1 and her parents. The
respondent even pressured the petitioner no.1 to give him ownership of all properties owned by her
parents and Rupees. 15,00,000/- to purchase land in Khammam.

13. The petitioners respectfully submitted that as she could not take the words of the respondent,
she decided to join and she joined S.A.P coaching, later the petitioner no.1 had an interview so the
respondent taking this as an advantage dropped her in her parent’s house and left her there. Then
the petitioner no.1 got through her interview and successfully got her job and started working in
Hyderabad, remotely( Work from Home ) but the respondent started his torture again on the fourth
day of her job saying that he wants a divorce with the petitioner no.1 the petitioner no.1 has the
recording of this conversation and he would purposely doubt on the petitioner no.1 and he used to
put all false allegations with another man. He also wants the petitioner no.1 saying that he would
not let any IT company in India hire her. and he also wanted and threatened her about her existence.
Even after knowing and experiencing this mental trauma, the petitioner no.1 still had hope and love
towards the respondent, and she decided to give him some time to understand her.

14. The petitioners respectfully submits that the during the Corona pandemic, respondent’s family
shifted to Khammam, so the petitioner no.1 decided to go to Khammam to her in-laws house and
work remotely from there, and when the petitioner no.1 used to talk on calls with the co-workers,
the respondent’s mother used to scold her and stress her asking very bad questions, and yet the
petitioner no.1 used to take care of the petitioner no.2 and manage to work for eight hours and
other household works like cooking sweeping the house etc. The petitioner no.1 was undergoing a
lot of mental torture and trauma from her mother-in-law. Her mother-in-law used to scold petitioner
no.1 for not doing the work properly even if the work was done perfectly, the petitioner no.1 was so
deeply hurt and because of the treatment of the respondent and his family members. So, she
decided to call her mother and speak about this, so the parents of the petitioner no.1 brought some
elders along with them and went to the respondent's house in Khammam. Even after that meeting
the respondent did not stop the way he tortured her, in fact he started making plans to get rid of
her.

15. The petitioners respectfully submits that the respondent and his friend Rafi spoke very badly
about the petitioner no.1 on the phone call and the petitioner no.1 further submits that the
respondent and his friend Rafi planned to get rid of the petitioner no.1 by keeping an illegal
relationship of the petitioner no.1 with another man and this way the respondent wanted to take a
divorce with the petitioner no.1 but petitioner no.1 captured those conversations with Rafi in the
form of recordings as evidence with her. Not only that, but the petitioner no.1 also submitted that
the respondent used to drink along with his friends and insulted the petitioner no.1 in front of them
and he used to ask his friends to abuse the petitioner no.1. The petitioner no.1 further states that
the respondent has become like a psychopath listening to his friend Rafi’s suggestion. And The
petitioner no.1 submits that the respondent had the petitioner no.1 removed from her position in
the company, by dropping mail to the HR.

16. The petitioners respectfully submits that, when the petitioner no.1 informed her mother about
the respondent's friends talking badly about her, her mother suggested that the petitioner no.1 and
the respondent, along with his family, should come home to settle the matter. However, the
respondent sent petitioner no.1 alone to her parent’s house, and he has not met with her or her
parents since then. It has been over 20 months (about 1 and a half years) since the petitioner no.1
has been living alone with her mother, and the respondent seems reluctant and uninterested in
arranging a meeting with her parents. Meanwhile, during these 20 months (about 1 and a half
years), the petitioner no.1's parents, along with a few elders, tried to meet the respondent and his
family members for four times, but there was no response from them, and they were always
reluctant to meet the petitioner no.1's family members.

17. The petitioner further respectfully submits that the petitioner no.1's family members went to the
respondent's house once again, along with some elders, to ask him about the maintenance of the
child. During the discussion, they requested that the respondent help the petitioner no.1's parents
with some money for the child's speech therapy and school fees. However, the respondent became
abusive and hit the petitioner no.1's parents, and he even snatched the child. The elders present
there questioned the respondent about his reckless behavior, but he became even worse in his
behavior after this meeting. Due to his threatening behavior, the petitioner no.1 and her family
members started feeling threatened for their lives because of the respondent, his mother, his sister,
and his friend Rafi.

18. The petitioner no.1 further submitted that due to the attitude of the respondent, the petitioners
were forced to stay with the petitioner no.1 parents, and the petitioner no.1 has subjected the
harassment in all manners, to which any women cannot bear, knowingly that all the acts of the
respondent are against natural justice, to health. The petitioner No.1 further submitted that the
petitioner no.1 could not cherish a single moment of happiness in matrimonial life, due to cruelty
and sadist mentality in the hands of the respondent and her in laws. The petitioner no.1 was subject
to all kind of ill treatment, humiliation and the day to day life of the petitioners became very
miserable and the pain suffered by the petitioner No.1 is beyond any words and moreover the
respondent has tried to see end of the petitioner no.1, on several times openly threatened that he
will see the petitioner no.1 end at any point of time, and, the respondent dragging the petitioner
no.1 life with sleepless nights, in these circumstances the petitioners life became miserable and
tormented. The petitioner No.1 further submitted that the petitioner parents conducted several
panchayaths before elders and well-wishers but all of them become futile, however the respondent
has not changed his adamant, cruel and sadist attitude.

19. The petitioners respectfully submit that within a few weeks the respondent and his family
members stated verbal and emotional abuse and purposely blocked the petitioner no.1’s number
and her parent’s number in his phone and his mother’s mobile phone. and then the petitioner no.1
was asked for more dowry to clear the respondent’s debits and asked the petitioner no.1’s parent’s
property her mother-in-law also supported the respondent, and they have given directions to the
respondent to demand for additional dowry. The petitioner no.1 got hit for the first time barely 5
months into the marriage. The respondent hit the petitioner no.1 on her jaw and then started
choking the petitioner no.1. The petitioner no.1 was shell shocked, she started crying, her jaw was
hurting, and she had trouble swallowing. Next day the respondent used to be normal as if nothing
happened and this happened several times, his behavior towards the petitioner no.1 continued to
worsen. He is an alcoholic, smoker and womanizer. the respondent started threatening the
petitioner no.1 that the respondent would kill her or throw her out on the streets if she did not
listen to the respondent or if she disagreed with him in any manner and when the petitioner no.1
was pregnant, the petitioner no.1 suffered from severe abdominal sufferings and fainted
occasionally. The respondent did not look after the petitioner no.1 and did not provide proper food
and nourishment. The respondent also said that he would give the petitioner no.1 a divorce and
doesn’t want to take any responsibility for the petitioner no.1 and their child. The respondent
compared the petitioner no.1 with others (his friends & relatives) he described badly about the
petitioner no.1 and compared her with other ladies his mother and his friend Rafi interfered in all
matters, and she influenced her son in an extreme manner. The respondent and his friends used to
drink regularly in the house and his mother used to support their activities, so the petitioner no.1
was scared to be with them in the house.

20. The petitioners respectfully submit that the petitioner No.1 is the house wife and residing with
her parents and depending on the mercy of her parents for their survival. As such the respondent is
able to provide maintenance claimed by her in this case. But he is not giving any paisa to the
petitioners for their survival. The petitioners submit that the respondent is not even paying any the
bills of the petitioner No.2 for speech therapy. However, the petitioner No.1 is in dire need of money
for her & her child survival i.e., rent, food, clothes, regular medical care and other survival
expenditure.

21. The petitioners respectfully submit that petitioner No.1 does not have any means to maintain
herself & her children and totally depend on the mercy of her parents. I submit that the respondent
is having sufficient means, but he is not providing any maintenance to the petitioners and willfully
neglecting them, deserted them, deprived and defamed the petitioner No.1 before the society, as
such the petitioner No.1 having no other go living separately requires Rs.1,50,000/-per month for
food, cloth, shelter & medication. I submit that the respondent not paying any maintenance to the
petitioner No.1, ruined, and deserted her life. The petitioners are praying this Hon’ble Court to direct
the respondent to pay monthly amount of Rs.50,000/- to the petitioner no.1 towards maintenance
and for medical expenditure and shelter and also direct the respondent to pay monthly an amount
of Rs.50,000/- each to the petitioner No.2 & 3 towards education, proper nutrition, clothes and
regular medication etc., and also direct the respondent to pay Rs.20,000/- to meet the legal
expenditure of this case.
22. The petitioner no.1 further respectfully submitted that the petitioner No.1 never received any
convincing calls from her in laws or a supporting call from them. This clearly shows how much they
value the petitioner No.1 and her daughter. And this is very evident that the respondent did
everything mentioned above with their encouragement and support. They did everything on
purpose and the respondent has no love and affection towards the petitioners, and he shows
interest only in the properties of the petitioner No.1 under the instigation of his parents, sister and
brother-in-law.

23. The petitioners respectfully submit the respondent knew the Gmail password of the petitioner
no.1's account in which the petitioner no.1 has saved all her personal details and her information
and some of her important documentation. The respondent changed her password and changed the
recovery options for the account, and he kept hold of all her personal details and the petitioner no.1
tried to file a complaint in police station, at that time he gave the account credentials to the
petitioner no.1, but later he hacked her account once again. The petitioner no.1 requests the
Hon’ble Court to kindly take action on the following people. Husband- Shaik Riyaz
(9959098962/7975877911), Respondent’s mother- Shaik Saidani (7842814137), Sister-in-law- Banu
(+61406121054), Friend- Rafi (8555968177). And the petitioner no.1 also requests the Hon’ble court
to direct them to return the petitioner no.1 the following, Engagement expenses (2, lakhs rupees),
Marriage expenses (15,50,000), Dowry, (11,00,000), Gold (18,00,000), Household articles (1,50,000)
The total is 48,00,000/-. And the petitioner no.1 also asked for Monthly maintenance for the
petitioner no.2 (35,000), Monthly maintenance for the petitioner no.1. (30,000)

24. CAUSE OF ACTION: The cause of action arose when the marriage was performed between
petitioner no.1 and respondent on 10-07-2017 and when they blessed a girl child on 31/8/2018,
thereafter when the respondent harassed the petitioner no.1 on cruel manner as stated above and
thereafter when the respondent necked out the petitioners from the respondent’s house.
Thereafter, when petitioner no.1 has filed a complaint before the Police Station dated 17/3/2023,
and the cause of action is still subsisting.

25. JURISDICTION: That the petitioner no.1 and the respondent lastly resided at H.No: 5-2-58, Santi
Nagar, Near Mission Hospital, Mustafa Nagar, Khammam, Telangana-507001., Which comes under
the jurisdiction of this Hon’ble Court to entertain and solve this petition.
26. That a fixed court fee of Rs._______/- is paid under Article I schedule II, of the A.P.C.F. &
S.V. Act. Which is proper and sufficient.

PRAYER

It is therefore prayed that this Hon’ble Court may be pleased pass the order as under:

a) To direct the respondent to pay monthly amount of Rs.65,000/- to the petitioner

no.1 towards the maintenance of the petitioner no.1 and petitioner no.2 for speech therapy,
medical expenditure, shelter, education, proper nutrition, clothes and regular medication
etc. and the same shall be paid on or before a particular date by fixing the date every
calendar month or transfer to the bank account of the petitioner no.1.
b) To award a sum of Rs.20,000/- as legal expenses.
c) To award costs.
d) To pass such other order or orders as the petitioner is entitled under the law.

Place: Malkajgiri PETITIONER NO.1

Date: -04-2023

PETITIONER NO.2

VERIFICATION

We, the above-named petitioners do hereby declare that the contents of the above paras
are true and correct to the best of my knowledge and belief and hence verified the same on this
___ day of April 2023 at Malkajgiri.

Place: Malkajgiri PETITIONER NO.1

Date: -04-2023

PETITIONER NO.2
 LIST OF DOCUMENTS

1. Wedding Card for the Petitioner no.1 and the Respondent

Marriage dated. 15.02.2008.

2. Marriage Photographs of Petitioner no.1 and the Respondent (2).

3. Xerox copy of the Adhaar card of the Petitioner no.1.

4. Xerox copy of the Adhaar card of the Petitioner no.2.

5. Xerox Copy of Marriage Certificate dated 16/8/2017.

6. Birth Certificate of Petitioner no.2. 31/8/2018.

7. Power Bill latest.

8. Rental Agreement.

9. Medical Bills.

10. Pen drive have call recordings and photos and videos.

11. Copy of FIR filed by Petitioner no.1.

Place: Malkajgiri PETITIONER NO.1

Date: -04-2023

PETITIONER NO.2
 IN THE COURT OF THE HON’BLE
PRINCIPAL DISTRICT CUM SESSIONS
JUDGE CUM FAMILY COURT JUDGE:
MEDCHAL-MALKAJGIRI DISTRICT:
AT MALKAJGIRI.
M.C. No. OF 2023

Between:

Reshma Hussain and another

.....Petitioners/Petitioners

AND

Shaik Riyaz

…..Respondent/ Respondent

PETITION FILED FOR CLAIMING

MAINTENANCE U/S 125 OF CRIMINAL
PROCEDURE CODE

FILED ON: -04-2023

FILED BY:

V. Sharada Devi,

S. Khwaja Rahiman,

ADVOCATES,
H.No. 16-107, flat no-302, Ajay's Sai Nikitha
Residency, New Mirjalguda, Malkajgiri,
Hyderabad, Telangana, 500047.

Cell: 8008713543.

Counsel for the Petitioners