Allowed

Dr. P.S. Kesava Murthy v. Dr. G. Saptha Jyothi

Telangana HC2 Aug 2018CRLP/4717/2018

Case brief

AI extract

What is this about?

In a Criminal Petition filed under Section 482 Cr.P.C., the High Court held that a Sessions Court order granting stay of future maintenance but withholding stay on past arrears was an irregularity. The court directed an interim stay on the collection of arrears subject to deposit of the same amount as the future maintenance.

What did the court decide?

Stay granted on the collection of maintenance arrears of Rs. 15,000 per month subject to deposit of Rs. 10,000 per month.

Dr. P.S. Kesava Murthy Vs Dr. G. Saptha Jyothi — Maintenance and Alimony | Telangana HC (2018)

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THE HON’BLE SRI JUSTICE M.SATYANARAYANA MURTHY

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CRIMINAL PETITION No.4717 of 2018

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ORDER :

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This Criminal Petition, under Section 482 Cr.P.C., is filed questioning the Order dt. 09.01.2018 in Crl.M.P.No.503 of 2017 in CRP No.78 of 2017 passed by II Additional Sessions Judge, Kurnool, granting stay of the Order dt.20.10.2017 in M.C.No.33 of 2013 on the file of I Additional Judicial Magistrate of First Class, Adoni, subject to payment of maintenance @ Rs.10,000/ - per month on or before 10^th of every succeeding month while declining to grant stay for payment of arrears of maintenance at Rs.15,000/ - per month.

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The main contention of the learned counsel for the petitioner is that when the Court granted stay of maintenance at Rs.15,000/ - subject to payment of Rs.10,000/ - per month in future, declining to grant stay of past maintenance at 15,000/ - is an illegality committed by the Sessions Court.

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No doubt, when the Court passed an Order granting stay of further proceedings subject to payment of Rs.10,000/ - per month during pendency of the revision petition while declining to grant stay for past maintenance of Rs.15,000/ - per month is an irregularity committed by the Sessions Court. When the Sessions Court satisfied that payment of Rs.10,000/ - would be met ends of justice towards future maintenance during pending of the revision, the Court ought to have passed maintenance to the same extent and therefore there shall be an interim stay of collection of arrears of

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maintenance at Rs.15,000/ - subject to deposit of arrears of maintenance at Rs.10,000/ - as directed by the Magistrate Court.

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With the above direction, this Criminal Petition is disposed of.

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Miscellaneous Petition, if any pending, in this case, shall stand dismissed.

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_______________________________ M. SATYANARAYANA MURTHY, J

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Date: 02-08-2018 eha

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HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY

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Crl.P. No.4717 of 2018
Dt. 02-08-2018
eha

Dr. P.S. Kesava Murthy v. Dr. G. Saptha Jyothi

Case brief

What is this about?

What did the court decide?

Dr. P.S. Kesava Murthy v. Dr. G. Saptha Jyothi

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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