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High Court for State of TelanganaCRLRC/1599/2010dismissed

Dr.N.Prakash Rao, Vanasthalipuram, R.R.District v. N.Parvathi Bai, Secunderabad And 2 Others

2023-02-01P.Sree Sudha5 pages

HIGH COURT FOR THE STATE OF TELANGANA WEDNESDAY ,THE FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE P.SREE SUDHA CRIMINAL REVISION E NO: 1599 OF 2010 Criminal Revision Case filed Under Section 397 & 401 of Cr.P.C aggrieved by the Order dated 06-08-2010 in M.C.No. 89 of 2009 on the file of the Court of the Judge, Family Court, Secunderabad.

Between Dr. N.Prakash Rao, S/o. Late Shri N.P.Narayana Swamy, Aged about 56 years, Occ: Medical Officer, Government Primary Health Centre, Varkatpally, Valigonda Mandal, Nalgonda District. R/o. H.No . 5-4-317, Kamalanagar, Vanashtalipuram, Ranga Reddy District.

...Petitioner/Responden! No.2

AND

1. N.Parvathi Bai, , Wo. Late Shri N.P.Narayana Swamy, Occ: Housewife, Rl/o. 6-6-439 I 4, Kavad ig uda, Gand h i na ga r, Secu ndera bad. ... RespondenUPetitioner

2. N.Suresh Chandra, S/o. Late Shri N.P.Narayana Swamy, Occ: Government Employee, Rl/o. 6-6-439 I 4, Kavad ig ud a, Gand hinaga r, Secundera bad. ... RespondenURespondent No. I

3. The State of A.P.,, Represented by the Public Prosecutor, High Court of A.P.,Hyderabad.

...Respondent.

Counselforthe Petitioner: SRl. A. NAGENDRA RAO Gounselforthe Respondent No.1: SRl. Y. VENUGOPAL RAO Counsel for the Respondent No.3: ASSISTANT PUBLIC PROSECUTOR The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE P.SREE SUDHA CRIMINAL REVISION CASE No.1599 of 2O1O ORDER:

This criminal Revision case is filed against the order dated 06.08.2010 in M.c.No.89 of 2009 passed by the Judge, Family Court, Secund'erabad'

2.

Heard the learned Assistant Public Prosecutor and perused the record..

3.

This criminal revision case is filed by the revision petitioner aggrieved by the order dated 06.08.201O passed bytheJudge,FamilyCourt,Secund'erabadinM'C'No'89of 2009.

4.

The maintenance case was filed by smt. N. Parvathi Bai, mother of 2'd respondent and the revision petitioner for maintenance. The trial court, considering oral and documentary evidence, granted Rs.4,OOO /- pe, month to be paid by the 2.a respondent and the revision petitioner. 5.

Aggrieved by the said order, one of the sons Dr. N.Prakash Rao filed the present revision case and stated

that his mother aged about 78 years and she is required efficient service and medical assistance, where he is already providing. He also stated that she is with another son along with another daughter in Ancestral House and also drawing family pension. Therefore, the order of the trial Court in granting maintenance again is to be set aside 6.

In tJ:e trial Court, tJre revision petitioner is examined :

as RW-l and he also marked Exs.Bl to 84, on his behalf. !

Ii II t Iii Exs.Al to were marked on behalf of the lst respondent/mother. The trial Court rightly considered oral j and documentar5r evidence and granted an amount of i i i Rs.4,0OO/- to be paid by each of her sons to the l.t ;

i j !

respondent/mother towards maintenance from the date of :

petition before 10tL of every month.

7.

The lst respondent/mother stated that she is living with her 2'd son and her daughter and they are taking care of her and she is drawing family pension, but how much is not mentioned by her.

8.

Having regard to the facts and circumstances of the case, the trial Court has rightly considered the evidence recorded and granted the maintenance amount. Therefore, :i this Court finds no reason to interfere with the order of the trial Court. Hence, the present Criminal Revision Case is devoid of merits g.

Accordingly, Criminal Revision Case is dismissed. Miscellaneous petitions pending, if any, shall stand closed.

Sd,. I. NAGA LAKSHMI DEPUW REGISTR,AR / Y /TRUE COPY/ SECTION OFFICER To,

1. The Judge, Family Court, Secunderabad'

2. Two ccs to Assistant Public Prosecutor, High court for the state of Telangana, at HYderabad [OUT] 3.oneCCtoSRl.A.NAGENDRARAo,Advocate[oPUc] 4.oneCCtoSRI.Y.VENUGoPALRAo,Advocate[oPUc]

5. Two CD CoPies PSR kam ?

f / HIGH COURT PSS,J DATED i0110212023 !{E S'r4 ,d:

ORDER

rr) 2 g l'1Ail 2[23 CRLRC.No.1599 of 2010 THE CRIMINAL REVISION CASE IS DISMISSED.

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