MANCHA KATAMA RAJU Vs. MANCHALA SASHIKALA PADMAVATHI

JUDGEMENT

(1.) Challenge in the Criminal Revision Case is to the order dated 15.11.2017 in Crl. M.P.No.1940 of 2017 in Crl.A.No. /2017 in D.V.C.No.5/2011 on the file of the learned Judicial First Class Magistrate, Badwel, Kadapa District passed by the learned Principal Session Judge, Kadapa. While allowing the petition filed by the petitioners/appellants/respondents to condone the delay of 32 days in preferring appeal against judgment in D.V.C.No.5/2011, the learned Judge directed the petitioners to pay the entire arrears of the maintenance amount granted by the Court of the Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum-Additional Family Court, Hyderabad in M.C.No.126/2012 on or before 15.12.2017.

(2.) Heard the learned counsel for petitioners Sri K.K.Chakravathy and the learned counsel for the respondent.

(3.) The submission of the learned counsel for petitioners is that the first respondent filed D.V.C.No.5/2011 before the Judicial First Class Magistrate, Badwel seeking the relief of protection and maintenance and the learned Magistrate granted an amount of Rs.30,000/- towards interim maintenance and directed the petitioner/respondent to pay the same. Thereafter DVC came up for final hearing and was allowed on 18.07.2017 directing first respondent to pay Rs.20,00,000/- as compensation and Rs.30,000/- per month towards maintenance. Learned counsel would submit that all through the first petitioner/first respondent has been regularly paying the interim maintenance at the rate of Rs.30,000/- per month. While so, the petitioners preferred to challenge the final order in D.V.C. dated 18.07.2017 and instead of filing appeal before the Sessions Court, Kadapa, they filed before the High Court and the same was returned on 22.09.2017 and appeal was taken return and filed before the Sessions Court on 25.09.2017 with CFR No.3262/2017 and in that process there occurred delay of 32 days in preferring the appeal. Crl.M.P.No.1940 of 2017 was filed to condone the delay of 32 days.