Andhra Pradesh High Court
CRLRC/190/2021 of Mohammad Ahammad Shaffiuddin Vs Mulla Mohammad Habeebe Mubeena on 31 December 2024
COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR CRIMINAL REVISION CASE NO: 190 AND 194 OF 2021 CRLRC NO, 190 OF 2021 Between: Mohammad Ahammad Shaffiuddin, S/o. Mohammad Khurshid
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGAR
CRIMINAL REVISION CASE NO: 190 AND 194 OF 2021
CRLRC NO, 190 OF 2021
Between:
Mohammad Ahammad Shaffiuddin, S/o. Mohammad Khurshid AgbaluddinMuslim, Aged 39 years. Rid Plot No. 14, Dream Homes, Gandhamguda,Hydersha koti, Hyderabad, Telangana State. Pr sently residing at DoorNo.42-9-351, 1st Floor, 2nd Line, Mangaldas Nagar,[Guntur.]
...PETITIONER/RESPONDENT
AND
1. Mulla Mohammad Habeebe Mubeena, W/o Mohammad AhammadShaffiuddin Muslim, Aged about 33 years,Shaffiuddin Muslim, Aged about 33 years,
2. Mohammad Aisha Sanya, D/o. Mohammad Ahammad ShaffiuddinMuslim, Aged about 8 years. Student,Muslim, Aged about 8 years. Student,
3. Mohammad Omar Shayan, S/o. Mohammad Ahammad ShaffiuddinMiaslim, Aged about 7 years. Respondents 2 and 3 are being minorsRep. by their Mother/Next friend Respondent No.1 All 4 are R/o DoorNo.9-4-21, 3rd Lane, Railpet, Guntur City and District.Miaslim, Aged about 7 years. Respondents 2 and 3 are being minorsRep. by their Mother/Next friend Respondent No.1 All 4 are R/o DoorNo.9-4-21, 3rd Lane, Railpet, Guntur City and District.
4. The State represented by Public Prosecutor, High[Court][ of][ A.P.]Arnaravathi.Arnaravathi.
...RESPONDENTS/PETITIONERS
Revision filed under Sections 397 & 401 of CrPC praying[that][ in][ the]circumstancesstatedintheaffidavitfiledinsupportoftheCriminalRevision Case, the High Court may be pleased to begs to present thismemorandumof Criminal RevisionPetitionagainst thecommonorderdated12-01-2020passedinCRL.M.PNo.359of 2019andCRL.M.PNo.360 of 2019in FCOP(MC) No.570 of 2017 on the file of the Hon'bleFamily Court Cum XII-AddI District Court Guntur lA NO: 1 OF 2021
PetitionunderSection482ofCr.PCprayingthatinthecircumstances statedin the affidavit filedin support of the petition, theHigh Court may be pleasedto grant stay of orders Dt.12-01-2020inFCOP(MC)No. 570/2017 passed by the Judge family court[cum][ XII-ADDL]District Court Judge. Guntur pending disposal of CrI. R.C. No. /2021.
CRIMINAL REVISION CASE NO: 194 OF 2021
Between:
Mohammad Ahammad Shaffiuddin, S/o.Mohammad Khurshid AgbaluddinMuslim, Aged 39 years, R/o Plot No. 14, Dream Homes, Gandhamguda,Hydersha koti, Hyderabad, Telangana State. Presently residingat DoorNo.42-9-351, 1st Floor, 2nd Line, Mangaldas Nagar,[Guntur.]
...PETITIONER/RESPODENT
AND
1. Mulla Mohammad Habeebe Mubeena,, W/o Mohammad AhammadShaffiuddin Muslim, Aged about 33 years,Shaffiuddin Muslim, Aged about 33 years,
2. Mohammad Aisha Sanya, D/o Mohammad Ahammad Shaffiuddinluslim. Aged about 8 years. Student,luslim. Aged about 8 years. Student, r'XC.
3. Mohammad Omar Shayan, S/o Mohammad Ahammad Shaffiuddin,Muslim, Aged about 7 years, Respondents 2 and 3 are being minors bytheir Mother/Next friend Respondent No.1 All are R/o Door No.9-4-21,3rd Lane, Railpet, Guntur City and District.Muslim, Aged about 7 years, Respondents 2 and 3 are being minors bytheir Mother/Next friend Respondent No.1 All are R/o Door No.9-4-21,3rd Lane, Railpet, Guntur City and District.
4. The State, represented by Public Prosecutor, sigh[Court][ of][ A.P.]AmaravathiAmaravathi
...RESPONDENTS/PETITIONERS
Revision filed under Section 397 R/W 401 of Cr.PC praying[that]inthe circumstances statedin the affidavit filedin support of the CriminalRevision Case,the High Court may be pleasedto allow theRevisionPetition by setting aside the orders passed on 12-01-2020in CRL.M.PNo.360/2019in FCOP(MC) No.570/2019 on the file of the Family CourtGuntur lA NO: 1 OF 2021
PetitionunderSection482ofCr.PCprayingthatinthecircumstances stated in the affidavit filed in support of thepetition, theHigh Court may be pleased to stay of orders dated 31-12-2018 passedinFCOP (MC) No.570/2017 by the Hon’ble Family Court CumXIIAddl.District Court, Guntur pending disposal of CRLRC NO. of 2021
Counsel for the Petitioner: SRI. K SATYANARAYANA MURTHY
Counsel for the Respondents: SRI Dr SAYYED BABU SHAIK
The Court made the following COMMON ORDER:
APHC010081392021IN THE HIGH COURT OF ANDHRA0M0PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3365]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE JUSTICE DR V R K KRUPA SAGARCRIMINAL REVISION CASE NO: 190/2021
Between:
Mohammad Ahammad Shaffiuddin ...PETITIONER
AND
Mulla Mohammad Habeebe Mubeena and...RESPONDENT(S)OthersOthers Counsel for the Petitioner:
1. K SATYANARAYANA MURTHYCounsel for the Respondent(S):1.Dr SAYYED BABU SHAIK2. PUBLIC PROSECUTOR (AP)
CRIMINAL REVISION CASE NO: 194/2021
Between:
Mohammad Ahammad Shaffiuddin ...PETITIONER
AND
Mulla Mohammad Habeebe Mubeena and
...RESPONDENT(S)
Others
Counsel for the Petitioner:
1. K SATYANARAYANA MURTHY
Counsel for the Respondent(S):
1. Dr SAYYED BABU SHAIK
2. PUBLIC PROSECUTOR (AP)
The Court made the following:
Dr. VRKS, J
Crl.R.C.Nos.l90 & 194 of 2021
THE HON’BLE JUSTICE Dr. V.R.K.KRUPA SAGARCRIMINAL REVISION CASE No.190 of 2021andCRIMINAL REVISION CASE No.194 of 2021
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COMMON ORDER:
CriminalRevision Case No.190of 2021,under Section397 read with 401of Code of Criminal Procedure (Cr.P.C.),isfiled by the husband aggrieved by the order dated 12.01.2020[of]learned Judge,Family Court-cum-XIIAdditionalDistrictCourt,Gunturin Crl.M.P.No.359 of 2019in F.C.O.P.(M.C.)[No.570]of2017.
2. Criminal Revision Case No.194 of 2021, under Section[397]read with 401 of Code of Criminal Procedure (Cr.P.C.), is filed bythe husband aggrieved by the order dated 12.01.2020[of][ learned]Judge, Family Court-cum-XII Additional District Court,[Guntur][ in]Cri.M.P.No.360 of 2019 in F.C.O.P.(M.C.) No.570 of[2017.]read with 401 of Code of Criminal Procedure (Cr.P.C.), is filed bythe husband aggrieved by the order dated 12.01.2020[of][ learned]Judge, Family Court-cum-XII Additional District Court,[Guntur][ in]Cri.M.P.No.360 of 2019 in F.C.O.P.(M.C.) No.570 of[2017.]
3. SriK.SatyanarayanaMurthy,thelearnedcounselforpetitioner submitted arguments.Initially, Dr. Sayyed[Babu][ Shaik,]the learned counsel appeared on behalf of respondent[Nos.1][ to][ 3.]Subsequently, on 29.07.2024 the said learned counsel[submitted]that he reports no instructions and prayed this Court[to][ adjourn]petitioner submitted arguments.Initially, Dr. Sayyed[Babu][ Shaik,]the learned counsel appeared on behalf of respondent[Nos.1][ to][ 3.]Subsequently, on 29.07.2024 the said learned counsel[submitted]that he reports no instructions and prayed this Court[to][ adjourn]
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the matter to another day so as to enable respondent[Nos.1]to 3to engage another counsel.Accordingly, time was granted[and]the matter was listed from time to time.However, there[has][ been]no representation for respondent Nos.1 to 3 and thus[there][ were]no arguments submitted on behalf of respondent Nos.1[to][ 3.]Forrespondent No.4-State, the learned Assistant Public[Prosecutor]has been present.
4. A married woman and her two minor children filed F.C.O.P.No.570 of 2017 seeking a monthly maintenance of Rs.1,00,000/-to each of them.The sole respondent therein is the[husband][ of]thefirst claimant andfatherof theremainingtwoclaimants.Learned Judge,Family Court-cum-XII AdditionalDistrict Court,Gunturbyorderdated31.12.2018allowedthepetitionandgranted the relief as prayed for.No.570 of 2017 seeking a monthly maintenance of Rs.1,00,000/-to each of them.The sole respondent therein is the[husband][ of]thefirst claimant andfatherof theremainingtwoclaimants.Learned Judge,Family Court-cum-XII AdditionalDistrict Court,Gunturbyorderdated31.12.2018allowedthepetitionandgranted the relief as prayed for.
5. The fact that is to be noticedis that the respondent[in][ the]above said maintenance case failed to appear before the FamilyCourt and he was set ex parte on 24.07.2018.above said maintenance case failed to appear before the FamilyCourt and he was set ex parte on 24.07.2018.
6. The respondent thereinmoved twopetitionsbefore thelearned Family Court.He seeks an order to set aside[the][ ex]learned Family Court.He seeks an order to set aside[the][ ex]
Dr. VRKS, JCrl.R.C.Nos.l90& 194 of 2021
parte order and for that purpose he filed Crl.M.P.No.360[of][ 2019.]Since there was delay of 435 days in filing the said petition, hesought condonation of the said delay and for that purpose[he][ filed]Crl.M.P.No.359 of 2019.On such applications being[entertained]notices were served onthe respondents therein whoaretheoriginal claimants, and they filed a counter.After hearing bothsides and after considering the material on record, by a commonorder dated 12.01.2020 the learned Family Court dismissed[both]the petitions.
7. Aggrieved by the said order, the original respondent[filed]these two revisions. They filed Criminal Revision Case[No.][ 190][ of]2021 seeking to set aside the order passed in Crl.M.P.No.359[of]2019inF.C.O.P.(M.C.)No.570of 2017.FiefiledCriminalRevision Case No. 194 of 2021seekingto set asidetheorderpassed in Crl.M.P.No.360 of 2019 in F.C.O.P. (M.C.)[No.570][ of]2017.these two revisions. They filed Criminal Revision Case[No.][ 190][ of]2021 seeking to set aside the order passed in Crl.M.P.No.359[of]2019inF.C.O.P.(M.C.)No.570of 2017.FiefiledCriminalRevision Case No. 194 of 2021seekingto set asidetheorderpassed in Crl.M.P.No.360 of 2019 in F.C.O.P. (M.C.)[No.570][ of]2017.
8. Duringhearingwhenthequestionthat cameupforconsideration was that the opposite parties are none[other][ than]the wife and minor children of the present revision petitioner, thelearnedcounselappearingfortherevisionpetitionerafterconsideration was that the opposite parties are none[other][ than]the wife and minor children of the present revision petitioner, thelearnedcounselappearingfortherevisionpetitionerafter obtaining necessary time reported to the Court oninstructionsthat the revision petitioner would deposit Rs. 10,00,000/-[within][ a]period of one month.
9. As could be seen from the record, this revision petitionerwas working in Japan.In the maintenance claim regular[notices]were sought to be served but that did not materialize.It was insuch circumstances on the permission granted by the[learned]Family Court notices were sent through whatsapp.Such[notice]was stated to have been served since there were two tick marksinbluecolour.Actinguponsuchserviceofnotice,themaintenance claim proceeded further in the court below.was working in Japan.In the maintenance claim regular[notices]were sought to be served but that did not materialize.It was insuch circumstances on the permission granted by the[learned]Family Court notices were sent through whatsapp.Such[notice]was stated to have been served since there were two tick marksinbluecolour.Actinguponsuchserviceofnotice,themaintenance claim proceeded further in the court below.
10. In the petition to condone delay,it was stated to[be][ 435]days delay. However, the learned Family Court found[that][ to][ be]incorrect and stated that the delay was only 268 days[from][ the]date of ex parte order/ decree which disposed of the[maintenance]claim.days delay. However, the learned Family Court found[that][ to][ be]incorrect and stated that the delay was only 268 days[from][ the]date of ex parte order/ decree which disposed of the[maintenance]claim.
11. The principal submission of the learned counsel for[revision]petitioner is that the revision petitioner has been a serious kidneypatient and was unable to consider the whatsapp messageaspetitioner is that the revision petitioner has been a serious kidneypatient and was unable to consider the whatsapp messageas \
notice and that caused all the trouble for the petitioner and onlywhen the recovery petitions were notified to him he[was][ able][ to]understandthe claim madeagainst him.Soonthereafterheobtained certified copies and consulted his lawyer[and][ filed][ the]necessarypetitionsbeforetheCourtbelow.Theothersubmissions are about meritsof the claimof hiswife andherchildren about which in these petitions this Court[need][ not][ make]any discussion.
12. Medical record indicating the serious kidney ailments[of][ the]petitioner are filed along with the petition.No counters[were][ filed]for respondent Nos.1 to 3.petitioner are filed along with the petition.No counters[were][ filed]for respondent Nos.1 to 3.
13. Thelaw asit stands now requires a Court consideringclaims for maintenance to receive affidavits of both parties abouttheir assets andliabilities. However, that did not[seem]to havebeen complied with.claims for maintenance to receive affidavits of both parties abouttheir assets andliabilities. However, that did not[seem]to havebeen complied with.
14. It cannotbedeniedthatRs. 1,00,000/-for eachof[the]claimants amounted to Rs.3,00,000/- per month.The[claim][ was]decided ex parte.A patientlivingin Japanbeing unabletoappreciate that what he received through whatsapp was a legal \
Dr. VRKS, JCrI.R.CMOS.190 & 194 of 2021
notice suffered ex parte order.Considering these facts,thisCourt holds that the delay was properly explained and thereasonforfailureto attendthe Courtproceedingsis supportedbyreasons.Therefore, the impugned ordersare to be set aside soasto enable the revision petitioner to participate in the legalprocess. Between the date of filing the claim petition in the year2017 and by the time the present order is to be passed in theyear 2024 there elapsed seven years. With a view to alleviate thetroubles and travails suffered by the wife and children and in viewof the decision taken in these revisions, the petitionershalldepositRs. 10,00,000/-beforethelearnedFamilyJudgeinF.C.O.P. (M.C.) No.570 of 2017on or before 31.01.2025.
15. In the result, both the Criminal Revision Casesare allowed.The petitioner shall deposit Rs. 10,00,000/-before the learnedFamily Judge in F.C.O.P. (M.C.) No.570 of 2017on or before31.01.2025. On such deposit being made, the impugned ordersdated12.01.2020oflearnedJudge,FamilyCourt-cum-XIIAdditional District Court, Gunturin Crl.M.P.No.359 of 2019 andCrl.M.P.No.360 of 2019 in F.C.O.P. (M.C.) No.570 of 2017 are setaside. Consequently, F.C.O.P. (M.C.) No.570 of 2017standsThe petitioner shall deposit Rs. 10,00,000/-before the learnedFamily Judge in F.C.O.P. (M.C.) No.570 of 2017on or before31.01.2025. On such deposit being made, the impugned ordersdated12.01.2020oflearnedJudge,FamilyCourt-cum-XIIAdditional District Court, Gunturin Crl.M.P.No.359 of 2019 andCrl.M.P.No.360 of 2019 in F.C.O.P. (M.C.) No.570 of 2017 are setaside. Consequently, F.C.O.P. (M.C.) No.570 of 2017stands /
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restored.The wife and children of this revision petitionerareentitledtoreceivethesaidamountontheirappropriateapplication moved before the court below. The learned FamilyCourt is to issue notices to claimants in F.C.O.P. (M.C.) No.570 of2017 and fix a date for respondent therein for filing counter if anyand thereafter, duly inquire into F.C.O.P. (M.C.) No.570[of][ 2017]and disposeit of in accordance with law.Inits final order, theRs. 10,00,000/- deposited by the present revision petitioner[shall]be given due credit.
As a sequel, miscellaneous applications pending,if anyshall stand closed.
SD/- M RAMESH BABUDEPUTY REGISTRAR
//TRUECOPY//SECTION OFFICER
To,
1. The Family Court Cum XII-AddI District Court Guntur
2. One CC to Sri. K Satyanarayana Murthy, Advocate[[OPUC]]
3. One CC to Sri. Dr Sayyed Babu Shaik, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court of[Andhra]Pradesh.[OPUC]Pradesh.[OPUC]
Criminal Section, High Court of Andhra Pradesh.5. The Section Officer
5. Three CD Copies
SD
HIGH•■4 COURTDATED:31/12/2024
COMMON ORDERCRLRC.No.190 AND 194 of 2021
ALLOWING THE CRLRC’S
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