Citation : 2023 Latest Caselaw 1265 Tel
Judgement Date : 15 March, 2023
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.195 OF 2020
JUDGMENT:
This revision is filed by the petitioner challenging the order
dt.30.10.2019 passed by the Additional Metropolitan Sessions
Judge, Ranga Reddy District, in Crl.A.No.956 of 2016, dismissing
the appeal filed by the revision petitioner against the order
dt.19.10.2016, passed in DVC.16 of 2012 by the II Metropolitan
Magistrate, Cyberabad at L.B.Nagar.
2. Heard. Perused the record.
3. The learned Magistrate passed order dt.19.10.2016 in DVC
directing the revision petitioner-husband to pay Rs.10,000/- per
month to the 2nd respondent-wife for the purpose of alternate
accommodation. Questioning the said order, appeal was filed by
the husband before the Metropolitan Sessions Judge. The learned
Sessions Judge has dismissed the appeal by order dated
30.10.2019 for the reason of this petitioner not prosecuting the
appeal and that he has stopped attending the Court. The said
order reads as follows;
"Appellant called absent. It is an appeal on DVC. Appellant counsel again requested for time. Appellant
stopped attending the Court, since May, 2019. In the result, the appeal is dismissed."
4. I do not find any infirmity with the order passed by the
learned Sessions Judge though the order is not passed on merits.
However, in a DVC case when the husband is questioning the
maintenance granted to his wife, it is his duty to prosecute his
case diligently before the Sessions Court.
5. In view of the aforesaid facts and circumstances, the Civil
Revision Case is dismissed.
Miscellaneous applications pending, if any, shall stand
closed.
__________________ K.SURENDER, J Dt.:15.03.2023 tk
THE HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL REVISION CASE No.195 OF 2020
Dt. 15.03.2022
tk
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