GADEPALLY NAMA LAKSHMI SUMAN Vs. P. NEERAJA

JUDGEMENT

(1.) This contempt case is filed by the petitioner under Ss. 10 to 12 of the Contempt of Courts Act to punish the Respondent - Additional Metropolitan Sessions Judge for Trial of JHCBBC-cum-Additional Family Court-cum- IX Additional Metropolitan Sessions Judge, Hyderabad for not complying the orders of this Court dtd. 18/6/2018 in Crl.R.C. No.494 of 2017 in M.C. No.124 of 2016.

(2.) The petitioner filed an affidavit in support of the petition submitting that she filed MC No.124 of 2016 against her husband on the file of the Additional Metropolitan Sessions Judge for trial of JHCBBC-cum-Additional Family Court-cum- IX Additional Metropolitan Sessions Judge, Hyderabad claiming maintenance of Rs.3,00,000.00 per month and also filed an interim maintenance application vide Crl.M.P. No.940 of 2016 claiming an amount of Rs.2,30,000.00 per month. The trial court vide order dtd. 4/11/2016 awarded interim maintenance of Rs.25,000.00 per month. Aggrieved by the said order, the husband of the petitioner i.e. Respondent in MC No.124 of 2016 and in Crl.M.P. No.940 of 2016, preferred Crl.R.C. No.494 of 2017 to set aside the ex parte order of interim maintenance and to provide an opportunity for him to contest the case. The petitioner also filed Crl.R.C. No.2483 of 2017 for enhancement of the interim maintenance to Rs.2,30,000.00 per month. Crl.R.C. No.494 of 2017 was disposed of by this Court on 18/6/2018 observing that:

(3.) The Respondent - contemnor filed counter affidavit submitting that she being a Judicial Officer had highest respect for the orders of this Court and that she had not committed any disobedience. As per the orders of this Court in Crl.R.C. No.494 of 2017 dtd. 18/6/2018, the court gave an opportunity to the Respondent therein (i.e. husband of the petitioner herein) to contest Crl.M.P. No.940 of 2016 in MC No.124 of 2016 on the file of the Additional Metropolitan Sessions Judge for trial of JHCBBC-cum-Additional Family Court-cum-IX Additional Metropolitan Sessions Judge, Hyderabad, which was allowed ex parte awarding interim maintenance of Rs.25,000.00 to the petitioner, subject to the conditions imposed by the Court. In the order dtd. 18/6/2018, it was made clear that in the event, the petitioner failed to comply with the conditions, the said order shall be deemed to be cancelled.