Dismissed

Dr. Karam Kumar Chinmalli , v. the State of a.P., Rep by Pp., and 2 Others

Telangana HC1 Feb 2023CRLRC/1440/2010

Case brief

AI extract

What is this about?

In this criminal revision, the High Court rejected the challenge to an order granting monthly maintenance to the wife and minor child. The Court found no infirmity in the trial Court's determination of quantum, dismissing the revision as devoid of merits.

What did the court decide?

The Criminal Revision Case was dismissed; the order granting monthly maintenance to the respondents was upheld.

Dr. Karam Kumar Chinmalli , Vs the State of a.P… — Maintenance and Alimony | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENW THREE

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PRESENT

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THE HONOURABLE SMT JUSTICE P.SREE SUDHA

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CRIMINAL REVISION CASENO i 14/,0 OF 2010

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Criminal Revision Case filed Under Section 397 & 401 of Cr.p.C aggrieved by the order dated 03-07-2010 passed in M.C.No. 166 of 2008 on the file of the Court of the Additional Metropolitan Session Judge for Trial of JHCBBC-CumAdditional Family Court cum- XXlll Additional Chief Judge, Hyderabad.

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Between:

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Dr. Karan Kumar Chinmalli ,, Smile Care Dental Clinic, Shop No. 2 Cellor Floor, Om Sai Complex,. Plot No. 73 NGO Colony, Opp SBI Bank, New Jewargi Road, Gulbarga.

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...Petitioner/Petitioner

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AND

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1 The State of A.P., Represented by Public Prosecutor, High Court of A.p., Hyderabad

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2 Smt. C. Sailaja Jyothi,, D/o. Late C.Vishwanth, Aged about 32 years, Occ. House wife, Ri/o. H.No. 16-11-5111811, Flat No. 203, Mayuri Ramaiah Castte Apatments, Hyderabad

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J lvlaster Vishwanth Karan Chinmalli, Aged about 3 years, Being minor represented by their Guardian and natural Mother Respondent No_2. Rl/o. H.No. 16-1 1-51118.11 , Flat No. 203, Mayuri Ramaiah Castle Apatments, Hyderabad

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...Respondents/Respondents

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l.A. NO: 1OF 20 1 0^(CRL CMP. NO: 2102OF 20101

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay the operation of the order in M.C.No- 166 of 2008 dated 03-072010 on the file of the Additional Metropolitan Session Judge for Trial of JHCBBC-Cum- Additional Family Court cum- XXlll Additional Chief Judge, Hyderabad.

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Counsel for the Petitioner: SRl. VIJAY KUMAR HEROOR Counsel for the Respondent No.'l: PUBLIC PROSECUTOR Counsel for R2 & R3: None Appeared The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE P,SREE SUDHA CRIMINAL REVISION CASE No.14z+O of 2O1O

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ORDER:

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This Criminal Revision Case is hled against tlle order dated O3.O7.2OIO in M.C.No. 166 ol 2OO8 passed by the Additional Metropolitan Sessions Judge tor the Trial of JHCBBC Cum Additional Family Court Cum XXIIIAddirion:rt Chief Judge, Hyderabad.

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Respondent Nos.2 and I], r,r,,ho are wife and son of the revision petitioner has filed M.C.No.166 0i 2OO8 for maintenance .

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The 2.a respondent slated that her marriage was performed with the revision petitioner on 2c 02.2OO4 and the 3.d respondent was born on 15.03.2006. Thr:re rs no dispute regarding marriage and paternity. Thc 2..r respon(icnt fur ther stated that she had completed her Post Gracluation in^ph1 siotlrerapy and worked in padmavathi Junior college and as ph.y siot herapist in Baroda and she is transferrcd to f{yderabad main centre and is earning Rs.4O,00O/_ per month. She lurther srarcd rhar she is drawing Rs.15,000/_ per month in NIMH , Secunderabad.

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The 2.d rcspondent cxarnincd herself as pW_I and the revision petitioner is exurmincd as RW l. ()n beha,tf of the revision petitioner, RW- I to RW-3 s,cre examincd irnd Exs.Rl to R-7 were marked before the trial Cor,rrt.

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Considering the oral and documentar5r evidence, the trial Court granted monthly maintenance of Rs. 1,00O/_ to the 2"a respondent and Rs.2,OOO/- to the 3.d respondent payable before 5*, of every month.

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Aggrieved by the said order, the revision petitioner preferred the present revision case. The revision petitioner Dr.Karan Kumar Chinmalli contended that he is working as doctor.

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7 . In the facts and circumstances of the case, the trail Court monthly maintenance of Rs.1,OOO/- to the 2"a respondent has righfly granted and Rs.2,000/- to the 3.d respondent. Therefore, this Court hnds no infirmity in the order of the trial Court and it needs no interference in the result of the order of the trial Court. Therefore, the present Criminal Revision Case is devoid of merits.

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Accordingly, the Criminal Revision Case is dismissed.

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9 Miscellaneous petitions pending, if any, shall stand closed.

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*#tt, SECTION OFFICER

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To,

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Iffi ,#f:1'"i:l,y;,3???'m:",Tli1'.11ff J"1Jli3i,,,*!3,fi,"#:n;

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2 Iy.t":rnfr3#ic^{Prosecutor, High court} for the state of reransana, at

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3 One CC to SRt. VtJAy KUtr /AR HERooR' Advocate toPUCl

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4 Two cD copies

PSR

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HIGH COURT

DATED:01 tO2t2O23

ORDER

CRLRC.No.1440 of 2010

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THE CRIMINAL REVISION CASE IS DISMISSED.

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Dr. Karam Kumar Chinmalli , v. the State of a.P., Rep by Pp., and 2 Others

Case brief

What is this about?

What did the court decide?

Dr. Karam Kumar Chinmalli , v. the State of a.P., Rep by Pp., and 2 Others

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

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