Telangana HC Enhances Maintenance for Teen to Rs.80L After Divorce of Parents
Hyderabad: A two-judge bench of the Telangana High Court filed a habeas corpus plea challenging the preventive detention order passed by the Siberabad police commissioner. The bench, comprising Justice Moushumi Bhattacharya and Justice Gadi Praveen Kumar, was hearing the petition of the detainee’s wife questioning the legality of the detention. The petitioner’s allegation was that the detainee was involved in five criminal cases involving offenses under the Bharatiya Nyaya Sanhita and the Telangana Prevention of Dangerous Activities Act (Smuggling Act), 1986. The lawyer argued that although the detention order had been issued earlier, it was executed nearly two years later, defeating the primary purpose of preventive detention, which was to thwart the imminent threat and prevent further alleged activities. The petitioner argued that the commissioner relied on the detainee’s criminal record to justify detention, contrary to established law that past crimes alone cannot form the basis of preventive detention unless they show a vivid and immediate connection with current conduct. The assistant prosecutor, who appeared on behalf of the state, asked for time to respond.
2. Group challenges name change request
Justice Nagesh Bheemapaka of the Telangana High Court ruled on the case presented by Truth Serum Media Private Limited, Serum Institute of India Pvt. It passed a writ petition challenging the Registrar of Companies’ direction to change its registered name following objections raised by . The petitioner sought to set aside the impugned decision, calling it arbitrary, extra-jurisdictional and unjustified interference with the duly incorporated business identity. The origin of the dispute lies with Serum Institute of India Pvt. It extends to the objections made by. Ltd claimed that the word “Serum” was a proprietary association and that the petitioner’s continued use of the term could create confusion, undermine brand distinctiveness and unfairly exploit the pharmaceutical giant’s reputation in the field of vaccines and biological products. Acting on these objections, the registrar exercised his authority to make changes to the nomenclature and ordered the name of the company in the official records to be corrected. The petitioner challenged the basis of this claim, arguing that “Serum” was a general English word not amenable to private monopolization. It has been argued that any assumption of deception or misattribution is speculative, exaggerated, and unsupported by evidence. The petitioner argued that the PRC’s decision was unspoken, procedurally flawed, and reflected an abuse of regulatory discretion.
3. HC increases child care
A two-judge bench of the Telangana High Court increased the alimony award for a minor girl child from Rs 10 lakh to Rs 80 lakh while upholding the divorce decree, holding that the child’s long-term welfare, education and future marriage require realistic and adequate integrity. The bench, comprising Justice K. Lakshman and Justice V. Ramakrishna Reddy, was hearing the Family Court appeal filed by the wife against the 2018 order of the Family Court in Rangareddy district dissolving the marriage and depositing Rs 10 lakh in the name of the child. The delegation noted that the spouses had been living separately since 2012, numerous criminal and alimony cases had been exchanged, mediation before the Supreme Court had failed and there was no real possibility of reuniting. While the panel observed that the allegations of premarital psychiatric illness against the spouse were not proven, it accepted the divorce decision by accepting that the marital relationship was irreversibly damaged.
Taking into account the fact that the girl was in her teens, was being raised by her mother and would need support for school and eventual marriage, as well as the husband’s earning capacity, share in immovable property and amounts paid for maintenance, the bench decided that the Rs 10 lakh given earlier was insufficient. The bench directed the husband to deposit a fixed deposit of Rs 80 lakh in a nationalized bank in the name of his daughter within three months, to be considered as full and final settlement of all claims of his wife and daughter against him, and declared that if this instruction was complied with, no further claim would be made on their property.
3. Woman in fraud case released on pre-arrest bail
TThe Telangana High Court granted him bail in the alleged financial fraud and cheating case. The judge was hearing the criminal complaint filed by Thammi Balaji Gupta and his wife Mamatha. The petitioners were seeking protection from arrest on allegations of cheating schemes and encouraging deposits under the guise of gold offers, which constitutes an offense under the Bharatiya Nyaya Sanhita and the Telangana Depositors Protection Act. The prosecution alleged that the petitioners collected Rs 11 lakh from the complainant and defrauded several people of around Rs 3 million.
Counsel for the petitioners submitted that the petitioners themselves were subscribers of a gang led by Parapathi Sangamand and were falsely implicated in the crime due to internal disputes with the complainant president. It was alleged that petitioner Mamatha was involved in the crime only because she was the wife of the first petitioner and no special role was attributed to her. The judge observed that there was no change from the earlier rejected bail petition and found no material to support the claim that the petitioners were subscribers of the alleged provident fund. Stating that the investigation was at an early stage and the allegations revealed the involvement of more than one victim, the judge denied bail to the first petitioner. Noting that there were no specific allegations against the second petitioner and that his role was limited, the judge ordered the second petitioner to be released on bail.
