High Court for State of TelanganaCRLP/9877/2018disposed of no costs

Divi Srinivas Sai Radha Lakshmi v. Divi Sesha Deekshititulu

2018-09-18M.Satyanarayana Murthy2 pages

THE HON'BLE SRI JUSTICE M. SATYANARAYANA MURTHY CRIMINAL PETITION No.9877 OF 2018 ORDER:

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Code') to direct the learned Judge, Family Court - cum - IX Additional District and Sessions Judge, East Godavari District at Rajamahendravaram, for speedy disposal of Crl.M.P. No.674 of 2017 in M.C. No.15 of 2011.

2. The petitioners herein, who are wife and son of respondent No.1 herein, filed Criminal M.P. 674 of 2017 under Section 128 of the Code, to enforce the maintenance order passed by the learned Judge, Family Court under Section 125 of the Code, but, the learned Judge did not dispose of the said petition though it is filed in 2017. The proceedings under Section 125 of the Code are intended to provide maintenance to neglected wife, children and parents and, the Court is expected to dispose of such petition within six months. But, the petitioners though obtained an order under Section 125 of the Code, they had to file the above petition for enforcement of the order under Section 128 of the Code, and the learned Judge, Family Court is not disposing the same, and on account of pendency of the petition, the petitioners are facing lot of inconvenience and, therefore, requested to pass appropriate orders.

MSM,J Crl.P No.9877 of 2018

3. In view of the request made by the learned counsel for the petitioners I deem it appropriate to direct the learned Judge, Family Court - cum - IX Additional District and Sessions Judge, East Godavari District at Rajamahendravaram, to dispose of the petition filed under Section 128 of the Code i.e., Crl.M.P. No.674 of 2017 in M.C. No.15 of 2011, within a month from the date of receipt of a copy of this order, in accordance with law.

4. With the above direction, the Criminal Petition is disposed of. As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

_________________________________ M. SATYANARAYANA MURTHY, J September 18, 2018 Mgr