High Court for State of TelanganaCRLP/12854/2011allowed no costs

Mohd. Baba Jani, Sangareddy Mandal, Medak District v. Smt. Ameena Begum, Patancheru (M), Medak And 2 Others, Rep. Pp

2018-11-14T. Rajani2 pages

SMT. JUSTICE T. RAJANI CRIMINAL PETITION No.12854 OF 2011 ORDER:

The present Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') is filed by the petitioner - respondent seeking to set aside the order, dated 29.07.2011, passed in Criminal R.P. No.17 of 2011, by the learned II Additional District and Sessions Judge (Fast Track Court) at Sangareddy.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondents.

3. Criminal R.P. No.17 of 2011 was preferred by the petitioner against the order, dated 11.05.2011, passed in Crl.M.P. No.59 of 2010 in M.C. No.50 of 2004, by the learned Additional Judicial Magistrate of First Class, Sangareddy, wherein the learned Magistrate enhanced the monthly maintenance to Rs.2,000/- and Rs.1,000/- from Rs.500/- and Rs.300/- per month to respondent Nos.1 and 2 herein respectively, and the learned Sessions Judge, while confirming the enhancement of maintenance amount granted to respondent No.1, reduced the maintenance amount to Rs.750/- from Rs.1,000/- granted to respondent No.2 herein.

4. The small question that is raised in the present Criminal Petition is with regard to maintenance of Rs.750/- directed to be paid to respondent No.2 herein, even after his attaining majority. The learned

counsel for respondent Nos.1 and 2 does not dispute the fact that respondent No.2, who is son of petitioner and respondent No.1, has attained majority. Hence, this Court opines that there is a need to clarify that the petitioner herein need not pay the maintenance amount to respondent No.2 herein from the date of his attaining majority since such clarification is not made in the impugned order.

5. In view of the above, the present Criminal Petition is allowed in part.

Consequently, Miscellaneous Petitions, if any, pending in the present Criminal Petition stand closed.

_______________________ SMT. T. RAJANI, J November 14, 2018 Mgr