Mrs. Gouharjan , Salma v. Syed Saif Hussain

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1808 OF 2015 ORDER:

The Criminal Revision Case is filed against the order dated 05.08.2015 passed in Crl.M.P. No.459 of 2014 in M.C. No.374 of 2013 by the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court, Hyderabad. 2) Heard both sides and perused the material on record. 3) Undisputedly, the revision petitioner is not coming within purview of Section 125 (1) Cr.P.C, being so-called wife of alleged deceased father of minor petitioner in the Maintenance Case, to obligate her and thereby the interim maintenance order of the lower Court is set-aside and it is left open to decide ultimately in the main matter whether the dispute is per se unsustainable when the very application is outside the purview of the scope of law in Chapter IX Cr.P.C.

4) Accordingly and in the result, the revision is allowed. Needless to say, if at all the minor child claims to be the son of the deceased husband of the revision petitioner, remedy of the minor represented by his guardian is to seek any such declaration of the status and to claim any terminal benefits of his father, if at all entitled. 5) As a sequel, miscellaneous petitions if any pending shall stand closed.

_________________________ Dr. B. SIVA SANKARA RAO, J Dt.14.03.2017 knl

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRIMINAL REVISION CASE No.1808 OF 2015 Date:14.03.2017 knl