High CourtsSingle Bench(2012) 01 AP CK 0008

Daram Raju and Others vs Daram Latha and The State of A.P.

Andhra Pradesh High Court · Decided on 24 January 2012

HON’BLE JUDGES
B. Seshasayana Reddy, J
RESULT
Dismissed
CASE NUMBER
Criminal Petition No. 839 of 2012

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Judgment

7 paragraphs · 240 words

B. Seshasayana Reddy

1.

This Criminal Petition has been taken out by the respondents in D.V.C.No.4 of 2010 on the file of the Additional Junior Civil Judge-cum-Spl. Mobile Court, at Kamareddy, to quash the proceeding therein.

2.

The 1st respondent herein is the petitioner in DVC No.4 of 2010. The learned Junior Civil Judge entertained DVC No.4 of 2010 and directed the respondents therein to pay Rs.2,000/- as interim maintenance payable on 5th of every succeeding month.

3.

Heard learned counsel appearing for the petitioners and perused the material brought on record.

4.

Learned counsel appearing for the petitioners submits that the 1st petitioner herein filed O.P.No.96 of 2010 on the file of the Family Court, Ranga Reddy District, at L.B. Nagar, Hyderabad, seeking divorce and that the 1st respondent herein after receiving the notice in the said O.P., filed DVC No.4 of2010 to harass the petitioners herein.

5.

A fact remains is that the marital tie subsists between the 1st petitioner and 1st respondent as on this day. The 1st respondent herein stated the circumstances under which she sought for the reliefs in an application filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005. At this stage, it cannot be said that the plea of the 1st respondent herein in the application filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005, is not sustainable.

6.

Accordingly, the Criminal Petition is dismissed.