High Court for State of TelanganaCRLP/6114/2018disposed of no costs

Naidu Ramesh v. Naidu Sowjanya

2018-06-15M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY CRIMINAL PETITION NO.6114 OF 2018 ORDER:

This criminal petition is filed under Section 482 of Criminal Procedure Code (for short "Cr.P.C.") to quash the order dated 09.03.2018 passed in Crl.M.P.No.282 of 2017 in FCOP (MC) No.203 of 2017 by the Judge, Family Court - cum - XII Additional District Judge, Guntur.

Respondent Nos. 1 to 3 filed petition under Section 125 of Cr.P.C. to grant maintenance making allegation that they were neglected by the petitioner herein and he failed to provide any maintenance and that they have no independent source of income to maintain themselves. Along with the petition filed under Section 125 of Cr.P.C., they filed Crl.M.P.No.282 of 2017 under Section 125 (1) of Cr.P.C. for grant of interim maintenance at the rate of Rs.10,000/- per month each during pendency of the main petition. The Judge, Family Court - cum - XII Additional District Judge, Guntur, upon hearing argument of both the counsel and considering the material available on record, awarded interim maintenance at the rate of Rs.2,500/- per month each to the respondent Nos.2 and 3 while dismissing the claim of the respondent No.1 herein. The said order is now challenged on various grounds.

During hearing, learned counsel for the petitioner requested to grant two (2) months time to pay arrears of interim maintenance as the petitioner paid 50% of the maintenance awarded by the Court below, without deciding legality of the order under challenge. The petitioner is an agriculturist having small extent of land. Taking into consideration the financial capacity of the petitioner, two

MSM,J Crl.P_6114_2018

(2) months time is granted to pay arrears of interim maintenance till date awarded in favour of respondent Nos.2 and 3 and he shall continue to pay same interim maintenance till the disposal of the main petition. In the event of failure to pay interim maintenance for two successive months, the respondent Nos.2 and 3 are at liberty to enforce the order invoking the provisions of Section 125 (3) of Cr.P.C. With the above, the criminal petition is disposed of. No costs. The miscellaneous petitions pending, if any, shall also stand closed.

_________________________________________ JUSTICE M. SATYANARAYANA MURTHY 15.06.2018 Ksp