KOTHAMASU NAGAVENKATA SURESH BABU Vs. KOTHAMASU SUNEETHA

JUDGEMENT

(1.) CRIMINAL Petition No. 6024 of 2009 by the husband against the wife and minor son is for quashing the proceedings in M. C. No. 31 of 2007 on the file of the Additional Judicial magistrate of First Class, Gudivada for maintenance to the wife and minor son, on the ground that the wife already filed C. C. No. 490 of 2007 and D. V. C. No. 6 of 2008 on the file of the Additional Judicial Magistrate of First Class, gudivada and H. M. O. P. No. 81 of 2007 for divorce and I. A. No. 125 of 2008 therein for maintenance before the Senior Civil Judge, machilipatnam against the husband, while the husband filed O. P. No. 45 of 2006 for restitution of conjugal rights. The husband claims that the wife cannot claim maintenance both in I. A. No. 125 of 2008 and M. C. No. 31 of 2007 simultaneously.

(2.) CRIMINAL Petition No. 6090 of 2009 is filed by the husband, mother-in-law and sister-in-law seeking quashing of the proceedings in d. V. C. No. 2 of 2009 on the file of the Judicial magistrate of First Class, Nandalur, as being violative of Article 21 of the Constitution of India and amounting to double jeopardy, as Crime no. 65 of 2008 of Nandalur police station under section 498-A of the Indian Penal Code is pending in pursuance of the complaint by the 2nd respondent and in view of the wife living separately from the husband since priorto the protection of Women from Domestic Violence act, 2005 coming into force as admitted by her in O. P. No. 27 of 2006 on the file of Senior Civil judge, Proddatur.

(3.) CRIMINAL Petition No. 6072 of 2009 isfiled by the son against the parents for quashing the proceedings in M. C. No. 49 of 2009 on the file of Family Court, Guntur filed by the parents for maintenance under Section 125 of the code of Criminal Procedure, as D. V. C. No. 5of 2009 on the file of the IV Additional Judicial magistrate of First Class, Guntur by the mother for residence, is pending and the son cannot be proceeded against for the same set of reliefs on the same set of facts and cause of action.