Andhra Pradesh High Court - Amravati
B Yuvaraj, vs K.P. Swapna on 23 January, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT!I
TUESDAY THE TWENTY THIRD DAY OF JANUARY
TW THOUSAND AND TWENTY FOUR
'PRESENT:
THE HONOURABLE SRI JUSTICE T MALLIKARJUNA RAO
iA No. 1 OF 2024
IN
GRERC NO: 38 OF 2024
Setween:
5 Yuvaraj, S/o. Bangaru Chettlyar, Hindu, Aged about 41 Years, Business.
Residing atl V. Malai Road, V.Pudunalyam Vilage, Viramur Post, Vikaravandy
Taluk, Villusuram District, Tamil Nadu.
..PatitionenResnondent
AND
1. RP. Swapna, Wo. B. Yuvaraj, Dfo. Prakash Babu, Hindu, Aged about
33 Years, House wife. Residing at D. No. 20-5-32/4, Saniay Gandhi
Galany, Korlagunta, Tirupsth!, Chittoor District,
. . Respondent/Patitioner
é. The State of Andhra Pradesh, Rep by its Public Prosecutor Nigh Gourt
of Andhra Pradesh at Amaravathi
. Respondent
Counsal for the Petitioner :SRIP JAGADISH CHANDRA PRASAD
Counsel for the Respondent No4:PUBLIC PROSECUOR
Peltion under Section 482 of CrP.C praying that in the circumstances
stated In the Mernorandurm of grounds filed in support of the petition, the High
Gourt may be pleased to suspend the Judgment DL 23.11.2023 passed by
Junge, Family Court - Gum - V Additional District Judge: Hirupad in FOOP No.
D8 of 2019, Pending disposal of CRLRC No. 39 of 2624, on the file of the Nigh
Cour, .
The court while directing issue of notice to the Respondents herein to
show cause as fo why this application should not be complied with, made the
following order (The receipt of this order will be dsemed fo be the receipt of
notice in fhe case}.
ORDER:
Learned counsel for the Pefitioner/Respondent submits that
Respondent/Petitioner is the Petitioner's divorced wife and Ex.B.8 is the
certified copy of the Oreler in H.M.O.P.No.108 of 2017.
Ries observed in the lmpuagned Order in F.C.0.P.No.06 of 018 that
that Respondent/Pstitionar is a MEA Postgraduate and she has not
mentioned even a single source of income in her assets affidavit and she
suppressed everything.
. is the Petitioners contention that the Respondent is still working
in the Accenture software company and earning Re.S0,000/ per month.
Sut the Petitioner has net fled any record to show the Respandent's
income, Ht seams that the Reepondent-wife has also not placed any
documentary evidence to show the Petitioner's earning. The Family Court
observed that the Petitioner being able bodied person is under obligation
to maintain his wife. Based on the evidence on record, the Family Court
granted maintenance amount of Rs.1d,Qg0/. per month fo the Respandent.
wife.
it is the Petitioner's further contention that in the cross examination,
RW.1 stated that he was doing business and was acting as Vodafane
Associate; he denied the suggestion that he was anoying the properties
of his parents.
The reading of the order suggests that without any definite evidence
regarding the source of income of the Fattioner/Raspondent, the Family
cout granted maintenance amount of Rse.1G.000/ Ser manth to the
Respordent/ Petitioner,
in the said facts of the cass, this Court is inclined to mass the
following order: -
(i) Interim stay is granted subject to payment of 60% of the arrears
maintenance amount within four weeks from today and also subject to
payment of Rs.$,000/- per manth regularly te the
RespondentiPetitioneriwife nayable by the
Patitioner/Respondent/husband.
(i) After depositing of 50% of the araars amount, Respondent is
permitted to withdraw the same.
(8D In default of payment of amount, as ordered supra, the interim
Suspension granted today, shall stand cancelled automaticaly without
further reference to the Court,
AYRUE COPY SE
mee For ASS
To,
3,
4,
B.
PSE.
. Tae Judge, Family Caust - Qum - V Additional DNetriet Judge: Tirupall,
Chittoor District
KP. Swapne, Wo. B. Yuvaraj, D/o. Prakash Rabu, Hindu, Aged about
39 Years, House wife. Resicing at D. No. 20-5-33/4, Sanjay Gandhi
Colony, Korlagunta, Tirupathi, Chittoar District. ( By RPAD)
One CC ta SREP JAGADISH CHANDRA PRASAD Advocate [OPUC]
Two GCs to PUBLIC PROSECUTOR, High Court of Andhra Pradesh
[OUT
One spare capy
HIGH COURT
PMR
NOTE: LIST THE MATTER AFTER Four (4) WEEKS
ORDER
iA No. 1 OF 2024
iN
CRLROG NO: 39 OF 2024
INTERIM SUSPENSION
