Degala Thomas , Rajasekhar v. Degala Padmavathi , Geeta Padmavathi,

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1153 of 2016 ORDER :

The revision petitioner, in fact, maintained the first revision in Crl.R.P.No.13 of 2014 before the XI Additional District and Sessions Judge, Tenali, and having unsuccessful, he maintained this revision, which is a bar under Section 397(3) Cr.P.C., as held by the Apex Court in Krishnan v. Krishnaveni1. As held in Prabhu Chawla v. State of Rajasthan2 that the Court may confer either under Article 227 of the Constitution of India as a revision or invoking either Section 483 or 482 Cr.P.C. in deciding the lis depends upon the ambit of the lis for the power is inherent to exercise to sub-serve the ends of justice, as also held by this Court in Sun Pharmaceuticals Ltd., Mumbai v. State of Telangana3. Hence, the same is converted into one under Section 482 Cr.P.C.

However, so far as quantum of maintenance awarded by the lower Court is concerned, there is nothing to interfere, but for, from the legal position, more particularly, from Section 125(1) Cr.P.C. of the 3rd respondent herein, who is son of the petitioner, is a major and able-bodied and nothing to show for 1 (1997) 4 SCC 241 2 2016 (5) CTC 779 3 2016(2) ALT Crl.165

any physical or mental infirmity, unable to maintain, he shall not be entitled for maintenance, after attaining majority. Accordingly, to the above extent the revision is allowed in part. In other respects the impugned order holds good. Three months time is granted to pay all arrears of maintenance in three equal monthly installments and non-payment of even one installment, results in execution for the entire amount to recover.

Consequently, miscellaneous petitions pending, if any, shall stand dismissed.

_________________________ Dr. B. SIVA SANKARA RAO, J Date:17-04-2017 Note:

Issue C.C. by 18.04.2017.

B/ o.

pab

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1153 of 2016 DATE: 17.04.2017 pab