Disposed

Smt.Indira v. The State of Telangana, And Another

Telangana HC1 Nov 2022CRLRC/68/2021

Case brief

AI extract

What is this about?

In a criminal revision under Sections 397 and 401 Cr.P.C., the High Court set aside the Family Court's decision to close proceedings on interim maintenance. Though adultery was alleged without proof, the Court directed the Family Court to dispose of the pending maintenance petition time-bound within four months rather than adjudicating solely on the interim prayer.

What did the court decide?

The Family Court directed to dispose of the maintenance petition (M.C.No.56 of 2018) time-bound within four months, and pending miscellaneous petitions to stand closed.

Smt.Indira Vs The State of Telangana, And Another — Maintenance and Alimony | Telangana HC (2022)

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IN THE HIGH COURT FOR THE^{STATE OF TELANGANA} AT HYDERABAI)

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TUESDAY, THE ELEVENTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR^SUMALATHA

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CRIMINAL REVISIO N CASE NO: 68 OF^202'l

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Crirninal Revision casc Under^{Section397 and 401 of Crl.P.C. praying againstthe} order on Crl.M.P. No. .296 of²⁰¹⁹ in M.C.No.56^{of 2018on the file of the Court of the} Judge Farnily Court, at L.B.Nagar,^{Ranga Reddy District, dt.l l/03/2020.}

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Between:

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Smt.lndira, W/o.sunkari Venkata Varma^{Aged about40 years,Occ:} Housewife R/o. H.No.'10-06-'170, Saroornagar^{Lingojiguda, BrundavanColony,} Road No.11 Venkateshwara Colony,^{L.B.Nagar, Hyderaba*ner/petitioner}

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AND

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The State of Telangana, rep.by its Public^{Prosecutor, HighCourt for the State} of Telangana at Hyderabad.

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Sunkari Venkata Varma, Wo.Ramanadham^{Aged Major, Occ: Govt.} Employee R/o. H.No.3-1 1-200i¹ , RTC Colony^{L.B.Nagar, Hyderabad.}

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Respondents/Respondents.

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lA NO: 3 OF 2021

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Petition under Section 482 of Cr.P.C^{praying that in the circumstances stated in} the fV'lemorandum of Grounds of^{Criminal Revisioncase, the HighCourt may be} pleased to Suspend the Order dt.11lO3l202O^passed in Crl,M.P.No.296^{of 2019 in} M.C.No.56 of 2018 by the Court of the Judge^{FamilyCourt, at L.B.Nagar, Ranga} Reddy District, Pending disposal^{of the above Cdminal Petition.}

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The petition coming on for hearing, upon^{perusingthe Memorandum of} Grounds of Criminal Revision and upon^{hearing the arguments of Sri TERA} RAJINIKANTH REDDY, Advocate for the^{Petitioner and of the Public Prosecutor} (TG) on Behalf of the Respondent No.1 and of Sri^{S.SATYANARAYANA} MOORTHY, Advocate for the Respondent^{No.2 failed to submit his contentions-}

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The Court made the following: oRDER

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THE HON'BLE DT.JUSTICE CHILLAKUR SUMALATHA CRIMINAL REVISION CASE No.68 of 202]-

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ORDER:-

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Heard Sri T.Rajinikanth Reddy, learned counsel for the revision petitioner. Though Sri S.Satyanarayana Murthy is on record representing the 2nd respondent, learned counsel failed to submit his contentions-

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Challenge' ir-r this Revision Case is the order that is rendered bl the Family Court, Ranga Reddy District at L.B.Nagar, in Crl.M.P.No.296 of 2Ol9 in M.C.No.56 of 20 18, dateci 11.O3.2O2O

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Upon hearing the learned counsel for the petitioner and on perusal of the material produced on record, what could be perceived is that the petitioner filed Maintenance Case vide M.C.No.56 of 2Ol8 for grant of Rs.70,OOO/- per month as maintenance from her husband i.e. the 2"d respondent herein. The said Maintenance Case stood pending before the Family Court, L.B.Nagar. In the said Maintenance Case, the petitioner moved an application vide Crl.M. P. No.296 of 2Ol9 for grant of interim

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)

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Dr.CSL,l Crl.R.C.No.58^{ol 2021}

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maintenance^(ra) Rs.70,0O0/-^{per month.The Court,} through the impugned order,^{closed the proceedings witha} direction to the^{parties to get ready for expeditious disposal} of the main^petition.

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Learned counsel for the^{petitionersubmits that the} Family Court ciearly^{erred inclosing the proceedings'} Learned counsel states^{that theclaim ofinterim} maintenance is a right^{of wife and there is no dispute} regarding the relationship^{between theparties and} therefore, interim maintenance,^{as prayedfor, ought to} have been granted.

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A perusal of the impugned^{order discloses that the} 2'd respondent^{herein has taken a plea that the petitioner} is indulged in extra^{maritalrelationshipwith one Lakshma} Reddy. The 2'd respondent,^{in his counter,contendedthat} on 04.04.2O16,^{whenhe came to the house from office for} taking his cheque^{book, he noticed the petitionerin the bed} room with the said^{LakshmaReddy and thereafter,the} petitioner confessed her mistake^{and left the house taking}

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Dr.CSt_t Ctl.R.C.No.68 oJ 2021

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al1 her belongings. It is also narrated that the petitioner continued the said extra marital relationship.

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Having considered the said aspect, the Family Court made an observation that considering the plea taken, it is essential that both the parties have to lead their evidence in the main petition ald in the absence of any evidence in respect of the pleadings made, maintenance cannot be provided.

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7 . The submission of the learned counsel for the petitioner is that without there being any evidence on flimsy grounds, the Family Court failed to grant interim maintenance. Learned counsel also states that when the relationship is admitted, the Court ought to have awarded interim maintenance. However, Section 125(4) Cr.p.C. makes it abundantly clear that the wife is not entitled for maintenance on three grounds.

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(0 Firstly, if it is established that she is living in adulterv

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Dr.CSL,) C .R.C.No.68 oJ 2021

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(ii) Secondlv, that she refused to live r.r,ith her husband without any sufficient reason and

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(iii) Thirdly, that il the spouses are living separately by mutual consent.

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B. In the case on hand, the 2"d respondent has taken a plea of Adultery. However, as rightly submitted by the learned counsel for the petitioner, when no proof is produced to that effect, the Family Court ought to have considered the said fact and ought to have disposed ol the criminal miscellaneous petition on merits without closing the proceedings.

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However, the maintenance case itself is of the year 2018. Therefore, this Court is of the view that without embarking upon the validity of the order, it would be wholly desirable to direct the Family Court to dispose of the maintenance case on merits time bound.

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Hence, the Criminal Petition is disposed of with the

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following direction:-

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DT.CSLJ Crl.R.C.No.68 ol 2021

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The Familg Court at L.B.Nagar is directed to dispose of M.C.No.56 of 2O1B time bound, preferably within a period of four months from the date of receipt of copg of this order.

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1 1. As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

To,

,TRUE COPYil

Sd/.I.NAGA LAKSHMI DEPUTY REGISTRAR

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-l

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SECTION OFFICER

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'1. The Judge Family Court, Ranga Reddy District, at L.B.Nagar.

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2' Two ccs to the pubric prosecutor, High court for the state of rerangana at Hyderabad (OUT)

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ONE CC tO Sri. TERA RAJINIKANTH REDDY, AdVOCAIE HYdErAbAd (OPUC)

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One CC to SRt. S.SATYANARAYA.NA MOORTHy, Advocate tOpUCj

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Two CD Copies

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L "r,-sl4-r.r. N---

HIGH COURT

DATED:01 t11t2022

ORDER

CRLRC.No.68 of 2021

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DISPOSING OF THE CRL.REVISION CASE

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Smt.Indira v. The State of Telangana, And Another

Case brief

What is this about?

What did the court decide?

Smt.Indira v. The State of Telangana, And Another

Case brief

What is this about?

What did the court decide?

What the court decided

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