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2023 Supreme(Online)(AP) 2797
HIGH COURT OF ANDHRA PRADESH WEDNESDAY ,THE TWENTY SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY CRIMINAL PETITION NO: 1374 OF 2023 Between:
1. SMT. ATLA JYOTHI W/o.Brahma Reddy, D/o.Yenugu Ramana Reddy, Aged about 30 years, Hindu, Occ Housewife, R/o.D.No.7-43A, Redla Bazar, Vetapalem Village and Mandal, Prakasam District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep.by its Public Prosecutor, High Court of Andhra Pradesh at Amaravati
2. Atla Brahma Reddy, S/o.Venkateswara Reddy, Aged about 32 years, Hindu, Occ ently Posted with 628 SATA Battery, R/o.Rajubangarupalem Village, Chinnaganjam Mandal, Prakasam District.
...RESPONDENTS Counsel for the Petitioner(s): NAGA PRAVEEN VANKAYALAPATI Counsel for the Respondents: PUBLIC PROSECUTOR (AP)
The Court made the following: ORDER HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1374 of 2023
Order:
This Criminal Petition, under Section 482 Cr.P.C., has been filed to direct the learned Additional Junior Civil Judge, Chirala, Prakasam district, to dispose of Crl.MP No.4005 of 2019 in MC No.23 of 2017.
2. Petitioner herein filed MC No.23 of 2017 on the file of the learned Additional Junior Civil Judge, Chirala, against the respondent herein for grant of maintenance. She also filed Crl.MP No.4005 of 2019 in the said MC for grant of interim maintenance. Petitioner filed the copy of docket proceedings in Crl.MP No.4005 of 2019 in MC No.23 of 2017. On a perusal of the said docket proceedings goes to show that right from the beginning i.e. from the date of filing of the petition, the case was being adjourned from time to time for want of counter.
The case underwent several adjournments for filing counter affidavit.
3. Section 125 Cr.P.C. is in the nature of a benevolent provision having a social purpose with the primary objective to ensure social justice to the wife, child and parents, who are unable to support themselves so as to prevent destitution and vagrancy. When such is the position, the practice of adjourning the petition from time to time for want of counter from the date of initiation of the petition, is deprecated. Section 125(1)(d) Cr.P.C. provides that when an application for interim maintenance has been filed, it has to be disposed of, as far as possible, within a period of sixty (60) days from the date of service of notice of such application on the husband. Though, notice has been served on the respondent herein, the case was being adjourned from time to time for want of counter.
4. On a perusal of the petition filed by the petitioner, she is residing with her parents at Pamuru, which is about 200 KMs away from Chirala. Petitioner being a lady could not be in a position to travel such a long distance and making her to travel such a long distance seems to be quite unnatural.
5. In view of the aforesaid facts and circumstances of the case, the learned Additional Junior Civil Judge, Chirala, is directed to dispose of Crl.MP No.4005 of 2019 in MC No.23 of 2017 in accordance with law, as expeditiously as possible, preferably within a period of four (4)
weeks from the date of receipt of a copy of this order.
6. With the above direction, the Criminal Petition is disposed of.
As a sequel thereto, the miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
________________________ K. SREENIVASA REDDY, J.
Date:22.02.2023 Nsr HON’BLE SRI JUSTICE K. SREENIVASA REDDY Criminal Petition No.1374 of 2023 Date: 22.02.2023 Nsr
