Sapuiri Saikiran vs Sapuiri Anitha Alias S.M. Anitha Kiran
2025 Latest Caselaw 2126 Tel

Telangana High Court

Sapuiri Saikiran vs Sapuiri Anitha Alias S.M. Anitha Kiran on 13 February, 2025

     HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

            CIVIL REVISION PETITION No.2823 of 2024

ORDER:

This Civil Revision Petition is filed assailing the docket

order dated 27.06.2024 passed in I.A.No.963 of 2023 in

F.C.O.P.No.496 of 2022 on the file of II Additional District

Judge-cum-Family Court, Medchal-Malkajgiri, at Medchal.

2. Heard Sri Kathiyaeni Ramshetty, learned counsel for

the petitioner and Sri R.Ranganathan, learned counsel for

respondents.

3. It is the contention of the petitioner that respondent

No.1 herein filed an application in I.A.No.963 of 2023 in

F.C.O.P.No.496 of 2022 for grant of Rs.20,000/- per month

towards maintenance of her daughter and and herself and an

amount of Rs.50,000/- towards other expenses. It is

contended that the Family Court vide its impugned order

dated 27.06.2024 allowed the said application by way of

cryptic order without considering the guidelines issued by

Hon'ble Apex Court in "Rajnesh v. Neha" 1 as per which the

applicant/s have to provide details viz., their personal

information, details of legal proceedings and maintenance

paid, details of dependant family members etc., It is

contended that said judgment was circulated to all the Courts

for its implementation and despite the same the learned

2021 (2) SCC 324

Family Court entertained the application without taking

details of the applicant and allowed the same in complete

contravention of guidelines issued by the Hon'ble Apex Court

in "Rajnesh v. Neha" and therefore, the impugned order

passed by the trial Court is liable to be set aside and further

prayed this Court to remand the matter to the learned Family

Court for adjudication in accordance with guidelines framed

by the Hon'ble Apex Court in "Rajnesh v. Neha".

4. In view of the submissions made by learned counsel for

the petitioner as well as learned counsel for the respondents

and the guidelines issued by Hon'ble Apex Court in "Rajnesh

v. Neha", this Court is of the opinion that matter is liable to

be remanded back to the learned Family Court for fresh

adjudication. Accordingly, the impugned order dated

27.06.2024 is set aside and the matter is remanded back to

the Family Court for fresh adjudication on merits. The

respondents herein are directed to file an application afresh

by giving all the details as per guidelines of Hon'ble Apex

Court in "Rajnesh v. Neha" and on such filing of application

by the respondents herein, the learned Family Court shall

decide the same on merits. Since it is represented that the

respondents herein are unable to maintain themselves, the

learned Family Court shall make an endeavor to dispose of

the application filed by respondent Nos.1 and 2 as

expeditiously as possible.

5. With the above said direction, this civil revision petition

is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

____________________________________ LAXMI NARAYANA ALISHEETTY,J Date:13.02.2025 Bw