Petitioner hUSBAND filed a Criminal Petition under Section 482 Cr.P.C to quash a Family Court order granting maintenance to his wife and daughter. The court found reasons to retain the order and permitted respondents to claim arrears.
Dismissed the Criminal Petition; Permitted Respondents to file application for maintenance arrears.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
V ■
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
FRIDAY ,THE FIFTH DAY OF JANUARY
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION NO: 1195 OF 2018
Between:
Kattiboina Srinivas, S/o. Late Pedda Venkateswarlu, Hindu, aged about 33 yrs, Auto Driver R/o. Yadavula Bazaar, D. No. 57-3-22, patamata, Vijayawada-10, Krishna District.
...Petitioner/Respondent
AND
...Respondents/Petitioners
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 call for the records in M.C. No. 121 of 2013 on the file of the judge. Family Court - cum- IV Additional District and session judge, Vijayawada and Quash the Order dated 24-07-2017 passed in M.C. 121/2013 by the Court of the judge, Family Court - cum- IV Additional District and session judge, Vijayawada. I.A. NO: 1 OF 2018 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 stay all further proceedings in pursuance of the order dt 24.07.2017 passed in M.C. No. 121 of 2013 on the file of the judge, family courtcum- IV Additional District and session judge, Vijayawada, pending disposal of the Criminal Petition.
The Court made the following:
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
CRIMINAL PETITION No. 1195 OF 2018
ORDER;
The present criminal petition is filed seeking to callforthe records pertaining to M.C.No.l21 of 2013, on the file of the Family Court-cum-IV Additional District and SessionsJudge, Vijayawada and to quash the same.
- A maintenance case was filed by the and the 2^^ respondents herein against the petitioner herein seekingtopay monthly maintenance of Rs.3000/- to each claimant,on the ground that the petitioner/husband neglected and refused to maintain the respondents/claimant Nos.l and 2, eventhoughhe is having sufficient means. After adjudication, thelearnedFamily Court judge partly allowed the petition and grantedmaintenance of Rs.2000/- to the claimant, who is wife and Rs.1500/to the 2"^ claimant, who is the daughter of the 1®^claimant.
on him and the same was not considered by the Courtbelow. Therefore, he prays to quash the proceedings.
- This Court vide proceedings dated 23.11.2023 permitted the petitioner to take out personal notice to the unofficial respondents/claimants. The notice was served on them and the 1st respondent appeared before this Court today i.e., on 05.01.2024 and stated that the petitioner/husband is not paying the maintenance, as directed by the Court below.
- Therefore, the respondent Nos.l and 2/claimants are permitted to file an appropriate application for arrears of maintenance amount and the same shall be considered by the Court below, in accordance with law.
3
- Hence, the present Criminal Petition is dismissed.
As a sequel, miscellaneous petitions, if any, pendinginthis
Criminal Petition shall stand closed.
SDI- K KASIRAO ACHARI ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
vna
/*
HIGH COURT
SAM
DATED:05/01/2024
ORDER
CRLP.No.1195 of 2018
V
tlO 12 m ?o?'»
5^^, Current Section ^
DISMISSING THE CRLP
2 issues framed by the court
Whether the High Court should quash the maintenance order of the Family Court.
Whether the petitioner is entitled to reduce the maintenance liability given his financial claims.
1 provisions across 1 enactments
Kattiboina Srinivas
Kattiboina Rajya Lakshmi
Kattiboina Likitha
The State of AP
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
