HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.P.No. 5172 of 2007 Date: 21-04-2010 Between: R. Naganna ……….. Petitioner and The State of A.P. rep. by Public Prosecutor and another ………. Respondents HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.P.No. 5172 of 2007 ORDER: This Criminal Petition has been filed to stay all further proceedings in F.C.O.P.No.74 of 2007 on the file of the Family Court at Kurnool. The second respondent is the wife of the petitioner and they were blessed with three children namely Chakravarthy, aged about 14 years, Renuka Devi aged about 11 years, and Ravi Kiran, aged about 9 years. It appears that disputes arose between the petitioner and the second respondent and the second respondent left the company of the petitioner and started living with her parents at Kurnool. The petitioner filed O.P.No.10 of 2004 before the Senior Civil Judge, Gooty, for dissolution of the marriage and subsequently, the matter was compromised before the Lok Adalat at Gooty and both the parties agreed to live together. Accordingly, they lived together for sometime. However, again quarrels ensued between the parties and again the second respondent left the company of the petitioner along with the children. Then the petitioner filed O.P.No.38 of 2006 before the Senior Civil Judge at Gooty, for restitution of conjugal rights and O.P.No.396 of 2007 before the District Court, Anantapur, under Section 10 and 25 (4) of the Guardian and Wards Act, 1890 seeking custody of three minor children to provide better education and proper care. Thereafter, the second respondent filed F.C.O.P.No.74 of 2007 on the file of the Family Court at Kurnool, seeking maintenance to herself and to the children. The only contention raised by the learned counsel for the petitioner is that if any observations are made in F.C.O.P.No.74 of 2007 filed before the Family Court, they may have bearing in O.P.No.396 of 2007 pending on the file of the District Court, Ananthapur, and may come in the way of the petitioner seeking custody of his three minor children. He has relied on COMMISSIONER OF INCOME-TAX, MUMBAI v. BHUPEN CHAMPAK LAL DALAL AND ANOTHER [1], wherein it was held that where the finding in a Court have bearing, the subsequent proceedings shall be stayed. Whether the petitioner is entitled for the custody of the children or not, whether he should be appointed as a guardian or not, and whether the petitioner has to pay maintenance to the minor children or not, though appears to be connected, cannot be decided in this proceedings. Suffice to say that the learned District Judge, Anantapur, shall not take into consideration the observations, if any, made in F.C.O.P.No.74 of 2007 by the Family Court, and shall give his own conclusions on proper appreciation of evidence. Thus The interest of the petitioner can be protected. Subject to the above observation, the Criminal Petition is dismissed. __________________ B. CHANDRA KUMAR, J Date: 21-04-2010 YCR [1] AIR 2001 SC 1096