HON’BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY CIVIL REVISION PETITION No.2823 of 2024

ORDER:

This Civil Revision Petition is filed assailing the docket order dated 27.06.2024 passed in I.A.No.963 of 2023 in F.C.O.P.No.496 of 2022 on the file of II Additional District Judge-cum-Family Court, Medchal-Malkajgiri, at Medchal.

2. Heard Sri Kathiyaeni Ramshetty, learned counsel for the petitioner and Sri R.Ranganathan, learned counsel for respondents.

3. It is the contention of the petitioner that respondent No.1 herein filed an application in I.A.No.963 of 2023 in F.C.O.P.No.496 of 2022 for grant of Rs.20,000/- per month towards maintenance of her daughter and and herself and an amount of Rs.50,000/- towards other expenses. It is contended that the Family Court vide its impugned order dated 27.06.2024 allowed the said application by way of cryptic order without considering the guidelines issued by Hon’ble Apex Court in “Rajnesh v. Neha”, [2021 (2) SCC 324] as per which the applicant/s have to provide details viz., their personal information, details of legal proceedings and maintenance paid, details of dependant family members etc., It is contended that said judgment was circulated to all the Courts for its implementation and despite the same the learned Family Court entertained the application without taking details of the applicant and allowed the same in complete contravention of guidelines issued by the Hon’ble Apex Court in “Rajnesh v. Neha” and therefore, the impugned order passed by the trial Court is liable to be set aside and further prayed this Court to remand the matter to the learned Family Court for adjudication in accordance with guidelines framed by the Hon’ble Apex Court in “Rajnesh v. Neha”

4. In view of the submissions made by learned counsel for the petitioner as well as learned counsel for the respondents and the guidelines issued by Hon’ble Apex Court in “Rajnesh v. Neha”, this Court is of the opinion that matter is liable to be remanded back to the learned Family Court for fresh adjudication. Accordingly, the impugned order dated 27.06.2024 is set aside and the matter is remanded back to the Family Court for fresh adjudication on merits. The respondents herein are directed to file an application afresh by giving all the details as per guidelines of Hon’ble Apex Court in “Rajnesh v. Neha” and on such filing of application by the respondents herein, the learned Family Court shall decide the same on merits. Since it is represented that the respondents herein are unable to maintain themselves, the learned Family Court shall make an endeavor to dispose of the application filed by respondent Nos.1 and 2 as expeditiously as possible.

5. With the above said direction, this civil revision petition is disposed of. There shall be no order as to costs.

As a sequel, miscellaneous petitions, pending if any, shall stand closed.

____________________________________ LAXMI NARAYANA ALISHEETTY,J Date:13.02.2025 Bw