claim of maintenance beyond period of 1 year

[pavan kumar]

Namasthe all,

I have come across the following decisions recently, which are pertaining with the applications we deal on regular basis.

1. Supreme court in Poongodi & Anr vs Thangavel AIR 2014 SC 24 held that claimant is entitled to receive arrears of maintenance beyond period of one year preceding date of filing of application.

2. HC of AP in Meka Karthik and Ors vs State of AP and Anr  2014 (1) ALD Crl 117 (AP) at para 7 held that

[7] In the instant case also, initially the learned Magistrate applied his judicial mind to the final report submitted by the Sub Divisional Police Officer referring the case as false. In spite of the fact that the case was referred as false, the learned Magistrate applying his judicial mind took cognizance of the aforesaid offences against A.1 only and then committed the case against A.1 to the Court of Session. The learned Magistrate therefore subsequently basing on the protest petition filed by the 2nd respondent-de facto complainant, cannot take cognizance of the offences for the second time against A.1 to A.3 on the same facts. The Magistrate while acting under Section 200 of Cr.P.C. takes cognizance of the offences, but not cognizance of the accused. When once he took cognizance of the entire offences against A.1 only, he cannot again take cognizance of the offences against A.1 to A.3 basing on the very same facts. Therefore, taking cognizance of the offence by the learned Magistrate by his order dated 06.09.2010 against all the accused and issuing non-bailable warrants against them is bad in law.

I request you all to discuss as to what is the remedy in the second case. Particularly in a situation where the case is tried by magistrate court. 

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Regards,
Challa Pavan Kumar,

II Addl. Junior Civil Judge, Tenali,

Guntur Dist.,

[venugajawada]

Since the cognizance can be taken for offence only, the remaining accsed can be brought on record u/s 319 cr. P.c .p in the earlier case. If second case is already taken on record it must be Clubbed in the former case

Sent from Samsung Mobile

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