The Divisional Court revised an order granting interim maintenance. Not inclined to reduce the maintenance, it directed the Family Court to dispose of the main filing for final hearing by July 20, 2015.
Directed the Family Court to dispose of FCOP No.216 of 2013 on or before 20th July, 2015.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.690 OF 2015
ORDER:
This Criminal Revision Case is filed against order, dated 08.02.2013, passed in I.A. No. 572 of 2013 in FC OP No.216 of 2013 on the file of the Family Court, SPSR Nellore District.
Heard and perused the material available on record.
The 1st respondent is the legally wedded wife and the respondents 2 and 3 are the children of the petitioner. Due to some differences between them, the 1st respondent filed FC OP against the petitioner. She also filed I.A. No.572 of 2013 in the said OP for grant of interim maintenance of Rs.10,000/- per month the each of them, stating that the petitioner is earning Rs.40,000/- per month. The trial Court partly allowed the application by granting Rs.5,000/- per month to each of the respondents towards their maintenance. Aggrieved over the same, the present revision is filed by the petitioner.
It is submitted by the learned counsel for the petitioner that the petitioner is earning Rs.20,000/- only and he has to pay Rs.6,000/- as rent and he is not in a position to pay the maintenance amount ordered by the trial Court and that the trial Court has passed the order on the premise that the petitioner is earning Rs.40,000/- per month.
When this Court is not inclined to reduce the maintenance amount granted by the trial Court, the learned counsel for the petitioner submitted that the FCOP is coming for final hearing and prayed this Court to direct the trial Court to dispose of the same within a stipulated period.
Considering the above submission of the learned counsel for the petitioner, the Family Court, SPSR Nellore District is directed to dispose of the FCOP No.216 of 2013 on or before 20th July, 2015.
With the above direction, the Criminal Revision Case is disposed of. Miscellaneous petitions, pending if any, shall stand closed.
______________ RAJA ELANGO, J June 08, 2015. KTL
1 issue framed by the court
Whether the Family Court should dispose of the filing for final hearing within a stipulated period given the petitioner's inability to pay the ordered interim maintenance.
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
