The Single Judge enhanced interim maintenance awarded to the wife from Rs.5,000 to Rs.7,500 per month, directing payment from August 2012 and expedited disposal of the divorce petition.
Interim maintenance enhanced to Rs.7,500 per month from August 2012; lower court directed to dispose of divorce petition within six months.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos.681 of 2011 and 460 of 2012
DATED 9th JULY, 2012.
BETWEEN :
S.T.G.Satya Govind & another .. Petitioners
and
Smt.S.T.G.Srividya & others
..Respondents
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos. 681 of 2011 and 460 of 2012
COMMON ORDER:
Since the order under challenge in both these revisions is one and same, they are taken up together and being disposed of by this common order.
Being aggrieved over the order dated 10.03.2011 passed in Crl.M.P.No.992 of 2011 in D.V.C.No.37 of 2010 by the II Additional Judicial Magistrate of I Class, Eluru, husband filed Crl.R.C.No.681 of 2011 seeking to set aside the said order whereas the wife filed Crl.R.C.No.460 of 2012 seeking enhancement of maintenance amount.
Heard both sides.
By the impugned order, the learned Judge directed the husband to pay a sum of Rs.5,000/- per month towards interim maintenance to the wife from the date of filing of the impugned application.
It is the contention of the learned counsel representing the husband that wife is self-sufficient and even according to the cause title mentioned in the impugned application she is working as a private teacher and thus prayed to set aside the impugned order.
Per contra, the learned counsel appearing for the wife submitted
that the husband is working as Assistant Director in Animal Husbandry Department and earning a salary of Rs.43,000/- per month and thus prayed to enhance the monthly maintenance amount.
Having perused the impugned order, heard the rival contentions on either side, considering the present high cost of living and also the social status of the parties, this Court is of the considered view that it would be just and proper to award interim maintenance of Rs.7,500/per month to the wife.
Accordingly, CrL.R.C.No.681 of 2011 is hereby dismissed and Crl.R.C.No.460 of 2012 is disposed of enhancing the interim maintenance amount granted by the Court below to Rs.7,500/(Rupees Seven Thousands Five Hundred only) per month commencing from the month of August, 2012, till disposal of D.V.C.No.37 of 2010. Maintenance amount shall be paid on or before 10th of every calendar month. Further, the Court below is directed to dispose of D.V.C.No.37 of 2010 as expeditiously as possible preferably within a period of six months from today.
Further, considering the nature of allegations wherein the question of identity of the accused does not arise, the presence of the respondent-husband is dispensed with in D.V.C.No.37 of 2010 except on the date of his examination and cross-examination and the learned Judge insists for the same.
Miscellaneous petitions filed in these revisions, if any, shall stand closed.
________________________ JUSTICE RAJA ELANGO
Date : 09.07.2012 sur
1 issue framed by the court
Whether the interim maintenance awarded by the lower court is sufficient considering the cost of living and parties' social status.
S.T.G.Satya Govind
Smt.S.T.G.Srividya
RAJA ELANGO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
