Disposed

V. Jagan Naik v. State of Telangana

Telangana HC24 Oct 2024CRLRC/964/2024

Case brief

AI extract

What is this about?

Husband challenged a Family Court order awarding his wife Rs.35,000 per month maintenance under Section 125 Cr.P.C., citing his retirement. The High Court reduced the maintenance to Rs.30,000 per month, directed payment of arrears within six months, and disposed of the revision.

What did the court decide?

Maintenance reduced from Rs.35,000 to Rs.30,000 per month; arrears payable within six months; liberty to pursue legal proceedings.

V. Jagan Naik Vs State of Telangana — Maintenance and Alimony | Telangana HC (2024)

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IN THE HIGH COURT FOR THE QTATE OF TELANGANA AT HYDERABAD

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THURSDAY, THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY 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: 964 OF 2024

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criminal Revision case filed under section 43g & 442 of BNSS against the Order dated 2410412024 made in M.C.No..1 14 of 2021 on the fif"e oi ine Court of the Judge, Family Court, L.B.Nagar, Ranga Reddy District.

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Between:

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V. Jagan Naik, S/ o. V. Bakya Naik, Aoe- 60 vears. Occ- Govt. Emolovee Senior Officer, C/o. HMWSSII, - 6-2-91-5, 3rd Floor, Rear Block, HN,iWSSii Premises, Khairatabad, Hyderabad.

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...Accused/Petitioner

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AND

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1 State of Telangana, Rep by its Public prosecutor, High Court for the State of I elangana. Hyderabad.

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I )4^{Liry^ qgl!, Wo. V. JaganNaik, Age- 60 years, Occ- Housewife,R/} o.^ptot Ioq 903?^{66, AdityaNagar,TRR-Towndhip, lr/eerpet, Saroornagar,Ranga} Reddy District.

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... Complainant /Respondent

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lA NO:2 OF 2024

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Petition under section 438(1) of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the order passed in ttI.C.No.1.l4 of 2021, dated 2410412024 on the file of the Judge, Famity court, Ranga Reddy District at L.B.Nagar in the interest of justice.

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Counsel for the Petitioner: Sri Ch Chaitanya Mithra

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Counsel for the Respondent No.1 : Public Prosecutor

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The Court made the following: ORDER

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l :

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THE HON'BLE^SRI JUSTICE^{E.V.VENUGOPAI,} CRIMINAL REVISIO NCA^{SE No.964 OF 2024}

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ORDER:

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This Criminal Revision Case^{is filed to set asir-lethe} order datecl 24.04.2024^{in M.C. No.114of 2021 passedby the} learned Family^{Courtat LB Nagar,Ranga Reddl' District (for} short, 'the trial^Court')

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Heard both sides and perused^{the entire material} available on record

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The facts of the case are that^{marriage betweenthe} petitioner ancl respondent^{No.2 was performeciin the year} 1990 and during their^{wedlock, they were blessed witir male} child in the month of Aprll, 199L.^{Thereafter, respondent}

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No.2 went to Dubai on account^{of job and came back to India} in the vear^.1994 leaving her^job and that^{they were l'lessed} with anottrer male chitd on^{06.06.1996. Thereafter,} respondent No.2 came to know that^the petitioner^{is l'raving} illicit relationship with Swaroopa and Yashoda. I)ue^to

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EW,J Crl.R.C.No.964 of 2024

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which disputes arose between them and they were separated. Therefore, respondent No.2 has filed a petition vide M.C. No.114 of 2021 under Section 125 of Cr.P.C. read with Section 7 of the Family Courts Act, 1984 against the petitioner seeking monthly maintenance of Rs.50,000/(Rupees fifty thousand only). Vide order dated 24.04.2024, the learned Family Court ]udge, LB Nagar, Ranga Reddy District, has partly allowed the petition and directed the petitioner to pay maintenance amount of Rs.35,000/(Rupees thirty five thousand only) per month to respondent No.2 from the date of filing of the petitioni.e.,0'1.06.2021 and also directed to pay the arrears of maintenance within four (04) months from the date of the order. Further, the petiLioner is directed to deposit the monthly maintenance amount in the account of respondent No.2 by 10tt., of every month. Aggrieved by the said order, the present Criminal Revision Case is filed.

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Learned counsel for the petitioner submitted that the petitioner has retired in the month of April, 2024 and that he

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--.7

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EW, J Crl R C.No.964 of²⁰²⁴

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I ,

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is not in zr position to PaY^{a Ebnthly maintenan,:eof} Rs.35,000/- (llupees thirty^{five thousand only) as he has to} eke out his livelihood^{bY staYing} [1 a rented trouse

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Therefore, pravs this Couri to^{reducethe maintenance} amount

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On the other hand^{iearnedcounselforrespondenl.No.2} submitted thiat the maintenance^{grantedby the Court below} is very less to meet the expense^{of three personsnow-a-days} i.e., herself ar-rd hcr two children.^{Therefore, r'cquestcd the} Court to clisn-riss the Criminal^{RevisionCase.}

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In vievr of the submissions^{madeby learned cttunsel} for respectivr: parties and keeping in^{view of the retirr:ment} of the petitir-rner herein, this Court deems it fit^{and prcper to} reduce the rrLaintenance amount of^{Rs.35,000/- per monthas} ordered b1. the Court below to Rs.30,,000/-^{(Rr-rpeesthirty} thousand on[1,) per month. T'he petitioner^{is a]so dire<:tedto} pay the arrears of maintenance within^{a periodof six (06)}

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months frorr the d.ate of receipt of the^order.

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EW, J Crl.R.C-No.964 of 2024

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7 Accordingly, Criminal Revision Case is disposed of

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However, liberty is granted to the petitioner to initiate

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appropriate proceedings as available under law

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As a sequel thereto, miscellaneous petitions, if any,

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pending shall stand closed

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Sd/- K. SAILESHI DEPUTY REGI STRAR

//TRUE COPY//

CTION OFFICER

To,

The Judge, Family Court, L.B.Nagar, Ranga Reddy District. (with records, if anY)

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. 2. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OU! , 3. One CC.to Sri Ch Chaitanya Mithra, Advocate [OpUC] " '4. Two CD Copies

, VA ADK I^TT-

HIGH COURT'

DATED:24nA12024

ORDER

CRLRC.No.964 of 2024

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DISPOSING OF THE CRLRC ftlo ( t-(-

V. Jagan Naik v. State of Telangana

Case brief

What is this about?

What did the court decide?

V. Jagan Naik v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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