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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TIRUMALA DEVI EADA
Sree Ranga Phanikar – Appellant
Versus
Laxmi Indira – Respondent
| Table of Content |
|---|
| 1. explanation of the maintenance claim and related history. (Para 2 , 3) |
| 2. both parties' arguments regarding maintenance needs. (Para 4 , 7) |
| 3. legal reasoning based on past cases regarding maintainability and related principles. (Para 8 , 9 , 10 , 11) |
ORDER :
1. This Criminal Petition is filed seeking to quash the order dated 25.04..2025 passed in MC No.148 of 2023 by the Family Court, Ranga Reddy District, L.B. Nagar, Hyderabad.
2. Heard Sri P.M. Sai Kumar, learned counsel for the petitioner and Sri K.R.K. Gargeya, learned counsel for the respondent No.1 and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor respondent No.2-State.
3. Learned counsel for the quash petitioner-husband has submitted that this is the second petition filed by the respondent No.1-wife seeking maintenance and that it is not maintainable. In case of any enhancement, the respondent No.1-wife is supposed to file for enhancement of maintenance amount, but not a fresh application. He, thus, contended that the petition needs to be dismissed, but the trial court has erroneously granted maintenance in this case. He, further submitted that there was a compromise memo during the pendenc
A second maintenance application under Section 125 Cr.P.C. is maintainable despite prior compromises if circumstances have changed and the claimant has no source of income.
Court confirmed discretion under Section 125 Cr.P.C. allows awarding maintenance from the application date due to the petitioner's neglect of financial obligations towards wife and child.
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