Allowed

Sadhu Ramakrishna Rao, v. Sadhu Syamala Devi

Telangana HC18 Feb 2011CRLP/5121/2009

Case brief

AI extract

What is this about?

Court allowed the criminal revision petition seeking setting aside an order dismissing a maintenance revision due to default, distinguishing a precedent, but directed the petitioner to deposit maintenance arrears within eight weeks.

What did the court decide?

Petitioner directed to deposit arrears of maintenance in a lower court within eight weeks; upon proof, lower court to restore petition for merit-based disposal.

Sadhu Ramakrishna Rao, Vs Sadhu Syamala Devi — Maintenance and Alimony | Telangana HC (2011)

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THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJU

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CRIMINAL PETITION No.5121 of 2009

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DATED: 18.02.2011

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BETWEEEN:

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Sadhu Ramakrishna Rao, S/o.Sadasiva Rao

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… Petitioner

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AND

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1. Sadhu Syamala Devi, W/o.Ramakrishna Rao & another

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… Respondents

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HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

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CRIMINAL PETITION No.5121 of 2009

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DATED: 18.02.2011

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ORDER:

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This petition is filed questioning the order dated 21.08.20 passed by the I Additional Sessions Judge, Guntur, in C.R.P.No.1 of 2007, dismissing the Revision Petition filed under Section 3 Cr.P.C. for default, on the ground that the Revision petitioner w

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absent and there was no representation. The Revision Petition in

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lower Revisional Court was filed against the order dated 15.11.20 passed by the Principal Judicial Magistrate of the First Cla Mangalagiri in M.C.No.2 of 2007 granting maintenance of Rs.2,00 per month to the 1^st respondent/wife from the petitioner.

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2. In Gajjala Samuel Vs. Gajjala Lalamma^[1] , this Co

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held that a Revision Petition, filed under Section 397 Cr.P.C., can be dismissed for default of the Revision petitioner and that, such order is not legal and that the Revisional Court is expected to through the record and decide correctness or otherwise of impugned order on merits. In that view of the matter, the or passed by the lower Revisional Court is unsustainable in law.

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3. But, having filed the Revision Petition before the lo Revisional Court, the petitioner as well as his counsel at Gun showed scant responsibility towards the Court, in appearing bef that Court and in pursuing the matter on merits and having chosen leave the case to its fate. In the circumstances, I propose to di the petitioner to deposit all arrears of maintenance as ordered by Magistrate within eight weeks from today.

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4. In the result, the criminal petition is allowed on conditio the petitioner, depositing all arrears of maintenance in the sa Court, at the rate awarded to the 1^st respondent, by the Princ

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Judicial Magistrate of the First Class, Mangalagiri in M.C.No.2 2007 in order dated 15.11.2007 within eight weeks from today an default, this Revision Petition shall stand dismissed automatica No further extension of time will be granted. In case, the petitio files memo before lower Revisional Court with proof of the s deposit, the lower Revisional Court will restore the Revision Peti and decide the same on merits.

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_____________________________ SAMUDRALA GOVINDARAJULU, J

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Dated: 18.02.2011 ysk

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THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU

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CRIMINAL PETITION No.5121 of 2009

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DATED: 18.02.2011

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ysk

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[1] 1999(2)ALT 632

Sadhu Ramakrishna Rao, v. Sadhu Syamala Devi

Case brief

What is this about?

What did the court decide?

Sadhu Ramakrishna Rao, v. Sadhu Syamala Devi

Case brief

What is this about?

What did the court decide?

What the court decided

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