Interim maintenance enhanced to Rs.3,000 for wife and Rs.1,000 for each child pending main FCO. Trial court directed to decide main case expeditiously without influence.
Directed petitioner to pay Rs.3,000 p.m. for wife and Rs.1,000 p.m. for each child; arrears to be paid within three months.
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 HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2737 of 2016
ORDER:
1. This Criminal Petition is filed by the petitioner aggrieved by the order dated 17.11.2015 passed in M.P.No.198 of 2015 in F.C.O.P.No.1336 of 2015 by the Judge, Family Court-cum-V Additional District & Sessions Judge, Visakhapatnam.
2. The 2nd respondent, who is the wife of the petitioner, filed the above F.C.O.P. on her behalf and on behalf of her children i.e. respondents 3 and 4 against the petitioner, claiming maintenance. Along with the above F.C.O.P., the 2nd respondent-wife also filed the above M.P. seeking to grant interim maintenance of Rs.10,000/- per month to her and Rs.5,000/- p.m., to each of her two children. The learned trial Judge allowed the petition directing the petitioner to pay an amount of Rs.6,000/- p.m., to the 2nd respondent and Rs.2,000/per month to each of respondents 3 and 4 towards interim maintenance. 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 petition is disposed of with the following direction:
I) The petitioner is directed to pay Rs.3,000/- per month to the 2nd respondent and Rs.1,000/- per month to each of respondents 3 and 4 towards interim maintenance on or before 10th of every succeeding month till disposal of the above F.C.O.P.;
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 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 F.C.O.P., as expeditiously as possible, without being influenced by the above order.
Miscellaneous petitions pending, if any, shall stand closed.
_____________________ JUSTICE RAJA ELANGO
23rd MARCH, 2016 Tsr
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.2110 of 2015
08.10.2015
Nn
2 issues framed by the court
Whether interim maintenance should be enhanced on merit of the main case during its pendency.
How the trial court should dispose of the main maintenance petition vis-a-vis this interim order.
Petitioner
2nd Respondent (Wife)
Respondents 3 and 4 (Children)
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
