Partly allowed

Seelam Bala Raju v. Seelam Durga Surya Kumari

Andhra Pradesh HC1 Dec 2023CRLP/2152/2018

Case brief

AI extract

What is this about?

In a criminal revision petition under Section 482 CrPC, the High Court quashed the maintenance order awarded against a husband for his divorced wife and granted maintenance only for his minor son. The court relied on an affidavit stating the wife's remarriage.

What did the court decide?

Quashed maintenance for the wife; ordered petitioner to pay Rs. 2,000 per month to minor son until majority.

Seelam Bala Raju Vs Seelam Durga Surya Kumari — Partition | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH ::

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FRIDAY ,THE FIRST DAY OF DECEMBER

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION NO: 2152 OF 2018

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Between:

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Seelam Bala Raju, S/o. Sri. Abbulu, Hindu, Age 37 years, Occ: R/o.D No 282-14,Chelikani Ramarao Street, Opp: Geetha Theatre Centre, Beside HP Petrol Bunk, Ramachandrapuram,East Godavari Dist.

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...Petitioner/ Petitioner/Respondent

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AND

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Seelam Durga Surya Kumari, W/o. Sri Balaraju, D/o. Sri Kanuri Rambabu, Hindu, Age 28 yrs, Occ: Housewife, R/o.D.No.52-11-31,Padmanabha Nagar,Annammagati Centre, Kakinada,East Godvarai District.

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Seelam Srimanrayana,S/o. Sri. Bala Raju, Hindu, Age 3i/2 yrs, being minor rep. by his mother natural guardian the Respondent.

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...Respondents/Respondents/Petitioners

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THE STATE OF AP., Rep.by its P.P., High Court at Hyderabad-500066.

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...Respondent

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to call for the records relating to the Order made in Crl.RP.No.58 of 2016 on the file of the Court of the VI Additional District Judge, Kakinada, dated 06-07-2017 preferred against the order made in MC.No. 8 of 2015 on the file of the Court of the III Additional Judicial First Class Magistrate, Kakinada, dated 27-01-2016 and quash the same.

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I.A. NO: 1 OF 2018

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased To suspend the operation of the order made in MC.No.8 of 2015 on the file of the Court of the III Additional Judicial First Class Magistrate, Kakinada, dated 27-01-2016 as confirmed in the order made in Crl.RP.No.58 of 2016 on the file of the Court of the VI Additional District Judge, Kakinada, dated 06-072017,pendingdispposal of the present Criminal Petition.

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This Petition coming on for hearing, upon perusing^{theMemorandum} of Grounds of Criminal Petition and upon hearing the arguments of Sri N SIVA REDDY .Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.3 and None Appeared for the Respondents^No.1&2.

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The Court made the following:

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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CRIMINAL PETITION No.2152 OF 2018

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ORDER:

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The 1st and 2nd respondent herein, filed a Maintenance Case No.8 of 2015 on the file of the III^Additional Judicial First Class Magistrate, Kakinada to grant^maintenance to them at the rate of Rs. 15,000/per month against the petitioner herein.

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After due trial, the learned Magistrate has awarded an amount of Rs.5,000/- per month towards the maintenance^of the 1st respondent/claimant and Rs.2,000/- per month^towards the 2t>d respondent/claimant, who is the minor son of the 1st respondent herein, born due to wedlock between the petitioner and the 1st respondent herein.

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Aggrieved by an order dated 27.01.2016 in M.C.No.8 of 2015 the petitioner herein filed Crl.RP.No.58^of2016 on the file of the VI Additional District Judge, Kakinada^under Section 397 of the Code of Criminal Procedure and the same was dismissed and the order of the learned Magistrate has been confirmed by an order dated 06.07.2017.

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Assailing the order in Criminal Revision Petition No.58 of 2016, the present Criminal Petition is filed to call for the records pertaining to Crl.RP.No.58 of 2016 on the file of the VI Additional District Judge, Kakinada, and to quash the same.

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Though the notice is served on the respondent Nos. 1 and 2, there is no representation.

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Heard, learned counsel for the petitioner and office of the learned Public Prosecutor appearing for the respondent.

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Learned counsel for the petitioner ^vould submit that an affidavit has been filed before this court stating that the 1®^ respondent/claimant obtained divorce from the petitioner herein vide H.M.O.P.No.36 of 2015 on the file of the Senior Civil Judge, Kakinada and she got married to another person and living with her husband and the petitioner herein continuously paying the maintenance of Rs.2,000/- per month, as directed by the learned Magistrate in M.C.No.8 of 2015 to the 2"- respondent herein and agreed to pay the said amount till he attains majority.

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In view of the affidavit filed by the petitioner, the Criminal Petition is disposed of quashing the maintenance granted in favour of the 1 respondent/claimant herein and

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directing the petitioner herein, continue to pay the maintenance

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at the rate of Rs.2,000/per month to the 2nd respondent/claimant herein, till he attains the majority.

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With the aforesaid relief, the Criminal Petition is disposed of.

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As a sequel, miscellaneous petitions, if any, pending^inthis Criminal Petition shall stand closed.

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Sd/- N. NAGAMMA ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

^ Judicial First Class Magistrate, Kakinada, East Godavari

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One CC to SRI. N SIVA REDDY Advocate [OPUC]

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Two CCs to Public Prosecutor, High Court of A.P at Amaravathi [ OUT ]

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THREE CD Copies

SGR

HIGH COURT

DATED: 01/12/2023

ORDER

CRLP.No.2152 of 2018

5 1 6 MAS /O/A s

DISPOSING THE CRLP

Cof>e^

Seelam Bala Raju v. Seelam Durga Surya Kumari

Case brief

What is this about?

What did the court decide?

Seelam Bala Raju v. Seelam Durga Surya Kumari

Case brief

What is this about?

What did the court decide?

What the court decided

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