Criminal Petition No. 13457 of 2010 · Andhra Pradesh High Court
Case at a glance
- Decided
- 31 Dec 2010
- Bench
- GOPALA KRISHNA TAMADA
Provisions considered
Judgment
Respondents 1 to 3 herein, who are none other than the wife and children of the petitioner by name G.Venkata Subba Rao, filed D.V.C.No.2 of 2009 under the provisions of the Domestic Violence Act, 2005 (for short ‘the Act’). In the said D.V.C., respondents 1 to 3 herein also filed Crl.M.P.No.1651 of 2010 under Section 23(2) read with Section 20 of the Act seeking to grant an interim and ex parte order, directing the petitioner herein to pay maintenance at the rate of Rs.10,000/- per month towards food, clothes, medicines and day-to-day expenses, and also to pay an amount of Rs.1,70,000/- towards educational fee of the children i.e., respondents 2 and 3 herein. The said petition was allowed by the trial Court by an order, dated 25.06.2010 and the same reads as under: -
Heard the petitioner. Against R-1 and R-2 NBW pending. R-3 to R-5 stay pending. In view of urgency expressed by Protection Officer, I feel it just and proper to allow this petition. Hence, the petition is allowed as prayed for.
Challenging the said order, the petitioner herein filed C.R.P.(SR).No.49876 of 2010 along with an application seeking to grant stay of the said impugned order, stating that the said order is ex parte order and he is not served with any notice. Subsequently, he filed the present Criminal Petition complaining that the revisional Court is not deciding the miscellaneous application or the said C.R.P.
Heard learned counsel appearing for both the parties. Having considered the submissions of the learned counsel appearing for both the parties, this Court is of the view that no orders need be passed in this Criminal Petition, for the reason the Revision against the said order, dated
25.06.2010, is pending before a competent Court and the Revision can as well be directed to be disposed of at the earliest. Accordingly, the Criminal Petition is dismissed. However, the District and Sessions Judge, Nellore, is directed to hear C.R.P.(SR).No.49876 of 2010 and dispose of the same at the earliest, preferably within a period of eight weeks from the date of receipt of a copy of this order. ___________________________________ JUSTICE GOPALA KRISHNA TAMADA 31st December 2010 DR
Questions this judgment answers
Which statutory provisions did this judgment involve?
Protection of Women from Domestic Violence Act, 2005.
Which court decided this case, and when?
Andhra Pradesh High Court, on 31 Dec 2010. The bench was GOPALA KRISHNA TAMADA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.