Baby Mohana Sarayu And Another v. B.Madhu Sandeep Kumar And Another

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 4206 OF 2022 Between:

1. Baby Mohana Sarayu and another, D/o. Smt- Bandaru Nirisha, Aged about 5 years, rep.by her Mother and natural guardian Smt.B.Nirisha, Rl/o.Flat No.105, I Floor, Pratibha Apartments, Opp. St.Patricks High School, S.D.Road, Secunderabad-500003.

2. Smt. Bandaru Nirisha, W/o.Sri B.M.Sandeep Kumar, Aged about 34 years, Occ. Housewife, Rl/o.Flat No.105, I Floor, Pratibha Apartments, Opp. St.Patricks High School, S.D.Road, Secunderabad-500003. ...PETITIONERS AND

1. B.Madhu Sandeep Kumar and another, S/o. Sri Pradeep Kumar, Aged about 38 years, Occ. Pvt. Employee, Rl/o. Flat No.201 , Pravallika Paradise, Kowsalya Colony, Near Volvo Centre, Bachupally, Medak District.

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

...RESPONDENTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to allow the Criminal Petition and grant Rs.50,000L to each of the petitioners as interim maintenance and may be pleased to set aside the order dated 03-03-2022 in M.P.230 of 2020 in M.C.59 of 2019 passed by the Judge, Principal Family Court, City Civil Court at Secunderabad. This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T NATRAJ ,Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and of Sri V.V. SAT|SH,Advocate for the Respondent No. 2 The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4206 OF 2022 ORDER:

This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioners to quash the proceedings against them in M.P.No. 230 of 2020 in M.C.No.59 of 2019 on the file of Prinicipal Family Cou( City Civil Court, Secunderabad, registered for the offence punishable under Section 125 (1) Cr.P.C.

2. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent No.1 State.

Perused the material on record.

3. A perusal of the record would reveal that the petitioners aggrieved by the order of Principal Family Court, City Civil Court, Secunderabad, granting Rs. 10,000/- to the petitioners and no I I I interim maintenance being granted to the 2M petltioner who is wife of respondent No.1 herein, filed the present petition. 4.

Learned Counsel appearing for the petitioners submits that the respondent No.1 is earning an amount of Rs. 4,00,000/- per

- KS,J Crl.Petition No.4205 of 2022 month whereas the wife who is the 2nd petitioner herein has no source of income. It is not the case that the husband has disputed his income and that he was not working Qatar Airways. Though the order was passed on 03.03.2022, the learned Family Court Judge has not proceeded in this case though 9 months passed by. keeping in view the Circumstances of the case this Court deems it appropriate to direct the respondent No.1 to pay an amount of Rs. 20,0001- to the wife and Rs.20,000/- to the daughter as interim maintenance from date of this order, pending disposal of the main case. Family Court Judge is directed to expedite trial and conclude the trial as expeditiously as possible within four months. 5.

Accordingly, the Criminal Petition is disposed of. Miscellaneous applications pending, if any, shall stand closed SD/.G.SIREESHA ASSISTANT REGISTRAR (1D //TRUE COPY// SECTION OFFICER To The Judge Principal Family Court, City Civil Court, Secunderabad Two CCs to PUBLIC PROSECUTOR , High Court for the State of Telangana at Hyderabad [OUT] One CC to SRl. T NATRAJ Advocate [OPUC] One CC to SRl. V V SATISH Advocate [OPUC] Two CD Copies EDS Bs(

HIGH COURT DATED:0610112023 E STATE \ () \ 1j ltB 2t?i ,i -i

ORDER

CRLP.No.4206 of 2022 DISPOSING THE CRLP q r\29 iu\o ss(