Dismissed

Ravindra Mohan, Nizamabad Dist. v. E Sumana, Hyd and 3 Othrs

Telangana HC20 Sept 2023CRLP/14676/2016

Case brief

AI extract

What is this about?

This Criminal Petition filed under Section 482 CrPC sought to quash Section 125 proceedings regarding maintenance arrears. The High Court held that technicalities, including filing under the wrong provision, cannot deny the wife her right to arrears and directed the lower court to decide the claim.

What did the court decide?

Criminal Petition disposed of directing the Court below to consider the wife's petition for payment of arrears.

Ravindra Mohan, Nizamabad Dist. Vs E Sumana, Hyd… — Maintenance and Alimony | Telangana HC (2023)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶2

WEDNESDAY ,THE TWENTIETH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE K.SURENDER

¶5

CRIMINAL PETITION NO: 14676 OF 2016

¶6

Between:

¶7

SAyNqBA^{MOHAN, s/o Siddi Ramulu aged 40 years,ooc} medicat officer c/o Y.ellareddy. super speciarity Hospitar y6ttareody vitt6ge, veitiiedai"'minoar Nizamabad district

¶8

.....PETITIONER/R.1

¶9

AND

¶10

E suMANA, w/o Ravindra Mohan aged 34 years, occ medical practitioner do Flat no. 302, Block-B of vertex sadguru l(rupa dpartments Nizamp6ta road, Kukatpally, Hyderabad

¶11

Vineel, s/o Ravindra Mohan aqed 1 1 vears

¶12

Vrishika, d/o Ravindra Mohan-aged 6'years - respondents no. 2 and 3 beino minors are represented by their mother and natural guardian the respondent no..1^-

¶13

The State of Telangana, Rep. by public pros6cutor, high Cburt at Hyderabad

¶14

.....RESPONDENT/COMPLAINANTS

¶15

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in CrMp no_ 220312016 in DVC no. 15412013 on the file of the court of XIX Metropolitan Magistrate of Ranga Reddy district at Miyapur

¶16

l.A. NO: 1 OF 2016{CRLPMP- trO: 16656 OF 2016)

¶17

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal^petition, the High Court may be pleased To stay all further proceedings in DVC no. 1S4\2O1J on the file of the court of XIX Metropolitan Magistrate of Ranga Reddy district at Miyapur pursuant to petition in CrMP no. 22O312016, pending disposal of the Criminal petition

¶18

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri VIVEK JAIN ,Advocate for the Petitioner and the Public^prosecutor on behalf of the Respondent No.4 and of None appeared for the Respondent No. 1 TO 3

¶19

The Court made the following: ORDER

¶20

¶21

THE ]IIONOURABLE SRI JUSTICE K.SURENDER

¶22

CIUMINAL PETITION No.14676 OF 2016

¶23

ORDER:

¶24

This Criminal Petition is filed u.nder Section 482 of the Code of Criminal Procedure, 1973 (frrr short 'Cr.P.C.') by the

¶25

petitioner/hus;band/ R I , ro quash the proceedings against him in Crl.MP.No.22Ct3 l2016 in DVC No.15+/2013 on the file of the XIX Metropolitan I\llagistrate of Ranga ReCdy District at Miyapur, frled under Section i25(3) ol the Cr.P.C.

¶26

The necessity ro file the application ln Cr1.MP.No.22O3 l2016 b1. the wife arose when the

¶27

petitioner/ hus band failed to make outstanding arnount granted by the Court below in DVC.No.t54 l2013, dt.2O.O6.2Ot5. Even before orders were passed in the said Mp, the petitioner has preferred the present petition. This Court by order dated 19.10.2016, stayed further proceedings in Crl.Mp.No.2203 of 20t6.

¶28

It is admitted that the arrears €:mounted to Rs.2,70,000/_. Though, an apF'lication is filed underwrong provision of law, it is for the Court t,elow to look into the prayer to decide and pass

¶29

¶30

orders. On the basis of technicalities such applications seeking

¶31

maintenance to the wife cannot be refused

¶32

Accordingly, the Criminal Petition is disposed off directing the Court below to consider the petition filed by the wife for

¶33

payment of arrears.

¶34

Miscellaleous applications pending, if any, shall stand

¶35

clo sed

¶36

Sd/4.PRAVEEN KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

To,

SECTION OFFICER

? 1. 9lg_cc The XIX Metrooolitan^{to SRI'VIVEK mt-w} Ma.gistrate of Aovocate at icji'uii' Miyapur Ranga Reddy District^'*" 3._TryO CCs to the^pUBLtC p^ROSEbtrbn, Hidn CouI irY'r vvu r r for the State of .^{T_elangana,at Hyderabad} [OUT]

¶41

Two CD Copies

/bu.-SS

HIGH COURT

DATED:20/09/2023

ORDER

CRLP.No.14676 of 2016

¶48

.'-.--
_-.<br>.c. .. . - ,ri->-
,'-i'/ *i:...,..
i
1B E$ 2m
' 'pid'S::
;i

¶49

DISPOSING OF THE CRIMINAL PETITION

¶50

v
$*!

¶51

Ravindra Mohan, Nizamabad Dist. v. E Sumana, Hyd and 3 Othrs

Case brief

What is this about?

What did the court decide?

Ravindra Mohan, Nizamabad Dist. v. E Sumana, Hyd and 3 Othrs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Uma Maheshwari Challa , Pendyala Vs State of Telangana

Rudraraju Ramakrishnam Raju Vs The State of Telangana

Thunga Malleshwari Vs The State of Telangana

Mr N S Sree Ramulu and Another Vs State of Telangana, Rep by P.P and Another

Atikam Preethi Vs The State of Telangana

Staney Robert Berlin Vs the State of a.P., and Another