Allowed

Chunduru Phani Krishna Prasad v. Smt. Julakanti Swapna

Telangana HC12 Aug 2024CRLRC/661/2024

Case brief

AI extract

What is this about?

A criminal revision challenged an ex parte order directing payment of monthly maintenance to the petitioner's wife. Finding the husband lacked adequate opportunity to substantiate his case, the High Court set aside the Family Court's order and remanded the matter for fresh consideration.

What did the court decide?

Impugned ex parte maintenance order set aside; M.C.No.59 of 2021 remanded to trial court for fresh consideration; pending miscellaneous petitions closed.

Chunduru Phani Krishna Prasad Vs Smt. Julakanti… — Maintenance and Alimony | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY ,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENry FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL

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CRIMINAL REVISION CASE NO: 661 OF 2024

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Criminal Revision Case filed under Sections 397 & 401 of Cr.P.C., against the Order dated 14.07.2023 passed in M.C.No. 59 ot 2021 on the file of the Court of the Judge, Family Court - cum - lV Additional Sessions Judge at Khammam.

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Between:

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Chunduru Phani Krishna Prasad, S/o. Ch. Venkateswar Rao, Aged about 32 years, Occ: Private Employee, Presently residing at H.No.3-7-43514, lsrFloor, Cosmopolitan Colony, Auto Nagar, Rangareddy District, Telangana. Permanent residing at H-No.12-94i5, Srinivasa Nagar, Opp. Surya Talent School, Kodad Town and Mandal, Suryapet District508206, Telangana.

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...Revision Petitioner/Respondent

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AND

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1 Smt. Julakanti Swapna, Dio. Julakanti Srinivasa Rao, Aged about 28 years, Occ Housewife, R/o. H.No, 2-2-210, Gandhi Chowk, Near Hanuman Statue, Khammam Town and District, Telangana.

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...RespondenUPetitioner

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The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

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...RespondenURespondent

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lA NO: 3 OF 2024

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Petition under Section 482 ol 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 of all further proceedings in M.C.No.59 of 2021 , dated 14.O7.2023 on the file of the Family Court-Cum-lV-Addl. Sessions Judge, at Khammam, pending disposal of main Crl.R.C.

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Counsel for the Petitioner Sri Chandrasekhar Reddy Gopireddy Counsel for Respondent No.1 : Sri Tarun Ram Aitham Counsel for Respondent No.2 Smt. S. Madhavi, Assistant Public Prosecutor

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The Court made the following: ORDER

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,,/ ry

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HONOURABLE SRI JUSTICE E.V.VETIUGOPAL

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CRIMINAL REVISION CASE No.551 of 2024

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ORDER:

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The challenge in the instant Criminal Revision Case is to the order dated 14.07.2023, passed in M.C.No.59 of 2021, by the learned Family Court-cum-IV Additional Sessions Judge, at Khammam.

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Vide the impugned order; the trial court has passed an ex parte order and partly allowed the petition filed by the respondent No.l directing the petitioner herein to pay a sum of Rs. 1O,O0O /- per month towards monthly maintenance to the respondent on or before 05th of every succeeding month directly to the account of the respondent No.l and the accrued alrears to be paid within three months from the date of said order

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Learned counsel for the petitioner would submit that the petitioner has not been given proper opportunity to make his submissions and he has no knowledge about the same and hence would submit that without giving any opportunity, passing such an order would ultimately forfeit the right of the petitioner to put up his case before the learned trial court. Hence, seeks to set aside the impugned order dated 14.O7.2023,

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passed in M.C.No.59 of 2021, by the^{learned Family Court-cum-} IV Additional Sessions Judge,^{at Khammam.}

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On the other hand, opposing the^{above submissions,} learned counsel for the unofficial^{respondent would submitthat} the petitioner has hled^{Cr1.M.P.No,6of 2023 on the hle of the} learned Family Court-cum-lV Additional^{District and Sessions} Judge at Khammam, seeking to^{condone the delay of 64 days in} filing the petition to set aside the^{ex parte order dated 14.7.2023} and the szune was dismissed^vide order^{dated O8.O4.2024.}

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This Court after hearing the learned counsel on either^side and after going through the order^{passed by the trial court is of} the view that the learned trial court^{while passingthe impugned} order has relied upon the submissions^{made by the learned} counsel for the petitioner in^M.C.No.S9 of 2021,^{which in my} considered view is incomplete because^{the petitioner herein was} not given ample opportunity to^put forth and substantiate^his case and accordingly the order dated^{14.07.2023passed} 1n M.C.No.59 of 2021, by the learned^{FamilyCourt-cum-IV} Additional Sessions Judge, at^{Khammam,is set aside} and^the matter is remanded back to the trial court for fresh consideration

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Accordingly, this criminal revision case is allowed.

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Miscellaneous petitions, if any, pending in this criminal^petition,

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shall also stand closed.

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Sd/. T. SRINIVAS DEPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Judge, Family Court -^cum -^{lV Additional Sessions Judge at Khammam} (with records, if anY)

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bne CC to Sri Chihdrasekhar^{ReddyGopireddy, Advocate} [OPUC]

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One CC to Sri Tarun^{Ram Aitham, Advocate} [OPUCI

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Two CD Copies

N ib/sh '-Y{

HIGH COURT

DATED:1 2lOBl2024

ORDER

CRLRC.No.661 ot 2024

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ALLOWING THE CRLRC

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Go$a

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'o^trt

Chunduru Phani Krishna Prasad v. Smt. Julakanti Swapna

Case brief

What is this about?

What did the court decide?

Chunduru Phani Krishna Prasad v. Smt. Julakanti Swapna

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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