Husband filed revision against wife's interim maintenance order. Court reduced monthly amounts and directed payment of arrears, directing trial court to decide main matter without influence.
Petitioner directed to pay Rs.3,000 to wife and Rs.2,500 to each child; directed to pay arrears; trial court to dispose main case expeditiously.
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THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.2119 of 2015
ORDER:
1. This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 18.8.2015 passed in Crl.M.P.No.792 of 2015 in M.C.No.92 of 2015 by the Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum-Additional Family Courtcum-XXIII Additional Chief Judge, Hyderabad.
2. The 1st respondent, who is the wife of the petitioner, filed the above M.C. on her behalf and on behalf of her children against the petitioner claiming maintenance. Along with the above M.C., the 1st respondent-wife also filed the above Crl.M.P. seeking to grant interim maintenance of Rs.20,000/- per month to her and to her children. The learned trial Judge allowed the petition directing the petitioner to pay an amount of Rs.6,000/- p.m., to the 1st respondent and Rs.5,000/- per month to each of respondents 2 and 3 from the date of filing of the petition. Aggrieved by the same, the petitioner-husband filed the present revision.
3. Heard and perused the material available on record.
4. There is no dispute as to the relationship between the parties. In view of the same and in view of the pendency of the main case, without expression any opinion on the merits of the case, this revision case is disposed of with the following direction:
I) The petitioner is directed to pay Rs.3,000/- per month to the 1st respondent and Rs.2,500/- per month to each of respondents 2 and 3 towards interim maintenance on or before 10th of every succeeding month till disposal of the above M.C.;
II) The petitioner is directed to pay the arrears of maintenance at the rate fixed by this Court from the date of filing of the petition i.e., Crl.M.P.No.792 of 2015, within
a period of three months from the date of receipt of a copy of this order;
III) The trial Court is directed to dispose of the above M.C., as expeditiously as possible, without being influenced by the above order.
Miscellaneous petitions pending, if any, shall stand closed.
JUSTICE RAJA ELANGO
Dated: 8th October, 2015 Nn
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.2119 of 2015
08.10.2015
Nn
2 issues framed by the court
Whether the interim maintenance awarded by the lower court in the challenged order should be modified.
Whether the trial court was influenced by the interim maintenance order while trying the main case.
Petitioner
1st Respondent
2nd Respondent
3rd Respondent
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
