THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CONTEMPT CASE No.555 of 2025

ORDER:

This Contempt Case is filed to punish the respondent under Sections 10 to 12 of Contempt Court Act, 1971 for non- compliance of the order passed by this Court in Crl.R.C.No.382 of 2022, dated 12.12.2024.

2. Heard learned counsel for the petitioner and the respondent. Perused the record.

3. The brief facts of the case are that the petitioner herein is the mother of the respondent herein. She filed D.V.C.No.56 of 2019 against the respondent before the learned II Judicial Magistrate of First Class, L.B.Nagar at Ranga Reddy District. In the said case she filed M.P.No.1069 of 2019 seeking interim maintenance. The trial Court by order dated 12.06.2019 granted interim maintenance of Rs.10,000/- per month. Though the order was passed in the year 2019 directing the respondent to pay interim maintenance, the respondent failed to comply with. To mislead the Court, respondent filed D.V.C.Appeal No.56 of 2019 before the learned Metropolitan Sessions Judge, Cyberabad, Rangareddy District at L.B.Nagar with a delay of 122 days and to condone the said delay, the dismissed for non-prosecution. Aggrieved by the said order, the Court upon careful consideration by order dated 12.12.2024, remanded the matter to the appellate Court for fresh consideration in accordance with law on imposing the following conditions:

(i) the respondent herein shall continue to pay an amount of Rs.7,500/- per month towards maintenance to respondent No.1 therein (petitioner herein) on or before 10^th of every calendar month till the disposal of Crl.M.P.No.5624 of 2019 on the file of the appellate Court.

(ii) the respondent herein shall deposit the arrears of maintenance as awarded in D.V.C.No.56 of 2019 before the learned II Judicial Magistrate of First Class, L.B.Nagar at Rangareddy District within a period of one month from the date of receipt of a copy of that order.

4. Learned counsel appearing for the petitioner submits that though the order was passed by this Court on 12.12.2024 directing the respondent to deposit the arrears of maintenance within a period of one month, till date the respondent failed to comply with the orders. Therefore, she filed the present Contempt Case.

5. Learned counsel appearing for the respondent on instructions would submits that the matter was taken on file by the learned appellate Court and the matter was now adjourned for filing of a calculation Memo. While it is so, without waiting for the out-come of the said proceedings before the appellate Court, the petitioner has rushed to this Court and filed the present contempt case at a premature stage. Therefore, this contempt case is not maintainable, hence seeks to close the present contempt case.

6. Taking on record the said submissions and having regard to the fact that calculation memo is under consideration before the appellate Court, this Court deems it appropriate to close the present contempt case giving direction to the appellant Court to consider the same and pass appropriate order in accordance with law as expeditiously as possible.

7. Accordingly, the Contempt Case is closed.

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JUSTICE E.V.VENUGOPAL Dated: 11.04.2025 vsu