Dismissed

Damacherla Purnanand , Purnaiah, v. Damacherla Srujana

Telangana HC25 Oct 2013CRP/4336/2013

Case brief

AI extract

What is this about?

This orders dismisses a civil revision petition challenging a Family Court's refusal to dismiss a civil suit for maintenance and setting aside a settlement deed due to lack of jurisdiction. The court held that while the facts of the cited precedent were dissimilar, the objection could have been framed as a point for adjudication in the lower court instead. The revision is dismissed, rendering the

What did the court decide?

The civil revision petition is dismissed. The subordinate C.R.P.M.P. No.5905 of 2013 is disposed of as infructuous.

Damacherla Purnanand , Purnaiah, Vs Damacherla… — Maintenance and Alimony | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Civil Revision Petition No.4336 of 2013

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Dated 2 5 th October, 2013

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Between:

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Damacherla Purnanad and another And

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…Petitioners

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Damacherla Srujana and another

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…Respondents

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Counsel for the petitioners: Sri Srinivasula Reddy Kommasani

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Counsel for the respondents: ---

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The Court made the following:

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ORDER:

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This civil revision petition arises out of the docket order, dated 29.07.2013, in O.P.No.86 of 2008, on the file of the Family Court, Ongole (Additional District & Sessions Judge, Ongole).

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Respondent Nos.1 and 2 are the wife and daughter respectively of petitioner No.1. Petitioner No.2 is the mother of petitioner No.1. The respondents filed O.P.No.121 of 2007 in the Court of the Senior Civil Judge, Ongole which was subsequently transferred to the Court of the Additional District and Sessions Judge, Ongole and re-numbered as O.P.No.86 of 2008. The said OP was filed for grant of maintenance of Rs.5,000/- each to the respondents and also to set aside the settlement deed, dated 16.03.2007, executed by petitioner No.1 in favour of petitioner No.2.

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At the stage of arguments, the petitioners have raised an objection as to the maintainability of the OP on the ground that the respondents have raised a civil dispute relating to the execution of the settlement deed by petitioner No.1 in favour of petitioner No.2. The

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lower Court rejected the said objection by the order impugned in this civil revision petition.

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At the hearing, Sri Srinivasula Reddy Kommasani, learned counsel for the petitioners, placed reliance on the judgment of this Court in G.Pentamma and others v. G.Anjali and anothe r^[1] , in support of his submission that a dispute raised before the Family Court relating to the properties which were disposed of prior to the filing of the case by either of the spouses cannot be entertained and adjudicated by the Family Court.

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On a careful perusal of the said judgment, I am of the opinion that the facts between the two cases are somewhat dissimilar. However, as the OP itself is at the stage of arguments, it is wholly unnecessary for the petitioners to have pressed the objection as to the maintainability of the OP. The petitioners are entitled to raise this ground in the OP itself and the Court below shall adjudicate the same by framing a point.

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Subject to the above observation, the civil revision petition is dismissed.

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As a sequel to dismissal of the civil revision petition, C.R.P.M.P.No.5905 of 2013 is disposed of as infructuous.

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C.V.NAGARJUNA REDDY, J

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25^th October, 2013 VGB

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[1] 2010 (5) ALD 332

Damacherla Purnanand , Purnaiah, v. Damacherla Srujana

Case brief

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Damacherla Purnanand , Purnaiah, v. Damacherla Srujana

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