This criminal revision petition was dismissed as devoid of merits upholding the High Court's order that reduced maintenance compensation awarded to a wife and children, as it exceeded the husband's earning capacity as a supermarket supplier.
Petition dismissed as devoid of merits; lower appellate court order upholding.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[329s ]
oF TELANGANA rN rHE H|GH "ouIf3$otJtoBt#E
TUESDAY,THETWENTY FIFTH DAY OF JULY ' -rwb rHousAND AND TWENTY THREE
PRESENT
THE HONOURABLESRI JUSTICE E.V. VENUGOPAL
CRIMINAL REVISIONCASENO:2512 0F2012
Revisionfiled under Section3S7t4O1of .Cr'P'C"the Order dated on.the fileof the V Additional 13.09.2012passedin Cr.l A'r;;;-C "r-zO'tt' MetropolitanSessionsLrO;"ri't/rn-ifaCtu1,Hyderabad, modifyingthe Orders dated 03.08.20ttpasseJ i"- ovt'u" r15 of 2010' on the file of theI MetropolitanMagistrate, Hyderabad'
Between:
Goud, Occ:Business, Flio RaipoleVillage' A.SatvanaraYana,S/o Narsa Doulaiabad Mandal,Medak Dist.
...PETITIONER
AND
...RESPONDENT/COMPLAINANTS
CRLRCMP. NO: 3773 OF 2012
Petition under Section'151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order passed in Crl.A.No. 413 of 2O1't, dated 13.09.2012 on the file of the V Addl. Metropolitan Sessions Judge cum Mahila Court, Hyderabad, modifying the Orders passed in D.V.C.No.115 of 2010, dated 03.08.2011 on the file of the I Metropolitan tVagistrate, Hyderabad, pending Crl.R.C.
Counsel for the Petitioner: SRl. K SAI BABU
Counsel for the Respondent No.2: PUBLIC PROSECUTOR
Counsel for the Respondent No.1: None Appeared
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE E. V. VE]IIUGOPAL CRIMIIIAL REVISION CASE No.25l2 Olt 2OL2
ORDER:
The pres,:nt Criminal Revision Case is filed ,.,eel<ing to set aside the order s passed in Criminal Appeal No.4 3r/2() 1 I , dated 13.09.2012 on the file of V Additional Mt'tropoli tart Sessions Judge at Hyderrbad.
2 . Heard Sr K. Sai Babu,learnedcoun sel f cr tl.rereview petitioner who t,eeks to allowthe Crimina-lRcvision Case stating that the lowercourt without appreciatingrhef ac ts on hand passed an erroreousorder' He furthersubmtts that the learned Appellate Courtought to have allowedthe appealand tlismissed the orderpasserl in D'V'C'No'115of 2010' dzLted ()3'08'2011on the frle ofI Mel ropolitan Magistrateat Hyder-abad 'whereinthe appellatecourt 'vithout settingaside the said orde: l-ras' reduced the amountsa$arded in D'V'C'No'115 of 2OlO from R:;'4'000/- to Rs.2,OOO/-to the petitioner'Rs'2'OOO/-to Rs 1'5()0/- to each of thechildre:l towards maintenance andp5 3'(tOO/-to Rs.2,OOO/-tol rardsalternativeaccommodatit'n Lntotal Rs.7,OOO/-per rronth and Rs'1'OO'OOO/-to Rs'50'o0O/towards
compensation to the petitioner, which is not in accordance with the facts on hand before the learned Judge.
\ I i
it shall not )e a bonanza to the claima:rts. ,\t ttLis juncture indulgence of this court is not warranted ar d in :ons,rnance with the Appellate Crourt, this Court is not inclined to interfere with the order pasr;ed by the Appellate Court.
Miscella reous Petitions, pending if an1 , shall stand closed.
Sd/- M, RAMANA KRISHNA DEI'U]Y REGISTRAR
//TRUE COPY//
SiECTION OFFICER
To,
pr
6
HIGH COUR'T
DATED: 25107,t2023
,'--; ;+L 9T,r'16
lt,>6
,{
?
$r u$zul
<br>).r.
ORDER
CRLRC.No.2ti12 of 2012
DISMISSING THE CRL.RC AS
DEVOID OF NIERIT
@o.ri, S" zc\81a3
2 issues framed by the court
Whether the High Court should interfere with the appellate court's order reducing maintenance amounts awarded by the trial court.
Whether the trial court's quantum of maintenance was excessive considering the respondent's earning capacity.
3 provisions across 1 enactments
Goud
Smt. A.Rajani
The State of Andhra Pradesh
E.V. VENUGOPAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
