Dismissed

Smt. OmtimiSoniya v. The State of Ap.

Telangana HC8 Mar 2016CRLP/2943/2016

Case brief

AI extract

What is this about?

The High Court, dealing with a Criminal Miscellaneous petition, directed the additional judicial magistrate to dispose of pending maintenance enforcement petitions (Crl.M.Ps. 709 of 2015 and 3072 of 2012) within one month.

What did the court decide?

The Additional Judicial Magistrate of First Class, Peddapuram, is directed to dispose of Crl.M.P.No.709 of 2015 and Crl.M.P.No.3072 of 2012 within one month.

Smt. OmtimiSoniya Vs The State of Ap. — Maintenance and Alimony | Telangana HC (2016)

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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2943 OF 2016

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ORDER:

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This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (Cr.P.C) by the petitioners seeking a direction to the Court of the Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District to forthwith dispose of Crl.M.P.No.709 of 2015 along with Crl.M.P. No.3072 of 2012 in M.C. No.30 of 2011 field by the petitioners.

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Heard and perused the material available on record.

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The petitioners are the wife and son of the 2^nd respondent. The petitioners filed M.C. No.30 of 2011 seeking maintenance from the 2^nd respondent. Subsequently, they entered into a compromise before the Lok Adalat on 22.09.2011 and according to the Award passed by the Lok Adalt, the 2^nd respondent has to pay maintenance at Rs.1,000/- to the 1^st petitioner till her re-marriage and Rs.1,000/- to the 2^nd respondent till he attains majority. But, the 2^nd respondent paid maintenance upto May 2013 only and thereafter, he did not pay the same. Hence, the petitioners filed Enforcement Petition vide Crl.M.P. No.3072 of 2012 for grant of arrears of maintenance. Thereafter, the 2^nd respondent filed Crl.M.P.Nos.1117 and 1118 and 1119 of 2013, alleging that the 1^st petitioner got remarried, therefore, to summon the person, who performed the second marriage to the 1^st petitioner, to cancel the maintenance awarded to the 1^st petitioner and also to direct the pastor to produce the marriage certificate of the 1^st petitioner that was performed on 27.09.2012. The Court below dismissed the said three applications vide orders, dated 02.04.2014, holding that the there are particulars about the second marriage of the 1^st petitioner and also the name of the person with whom the 1^st petitioner’s

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marriage was performed again.

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Thereafter, 1^st petitioner filed Crl.M.P. No.709 of 2015 before the Court below to direct the 2^nd respondent to pay the arrears of maintenance. The application filed by the petitioners i.e. Crl.M.P. No.3072 of 2012 and Crl.M.P. No.709 of 2015 are pending before the Court below. During the pendency of the above two applications, the 2^nd respondent filed another three petitions in Crl.M.P.Nos.1139, 1140 and 1141 of 2015, stating that the 1^st petitioner married one Vadlamani Vasantha Rao on 27.09.2012 and also to examine the Pastor by name Zakarayya, who performed the said marriage and also to summon the marriage certificate and also to cancel the maintenance awarded to the 1^st petitioner. The Court below allowed the above said applications.

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Learned counsel for the petitioners submitted that the 1^st petitioner did not get remarried and she has no source of income to maintain herself and also her son and the 2^nd respondent without paying the maintenance awarded by the Lok Adalat, filed the above petition to evade payment of maintenance and the Court below also without entertaining the applications filed by the petitioners, allowed the applications filed by the 2^nd respondent.

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Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Court is of the view that this criminal petition can be disposed of as follows:

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The Additional Judicial Magistrate of First Class, Peddapuram, East Godavari District is directed to dispose of Crl.M.P.No.709 of 2015 along with Crl.M.P.No.3072 of 2012 in M.C. No.30 of 2011, filed by the petitioners within a period of one month from the date of receipt of a copy of this order.

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With the above direction, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand

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closed.

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______________ RAJA ELANGO, J March 08, 2016. KTL

Smt. OmtimiSoniya v. The State of Ap.

Case brief

What is this about?

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Smt. OmtimiSoniya v. The State of Ap.

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