Court dismissed the criminal revision filed by the husband against the Family Court order fixing his monthly maintenance obligation to the wife and son.
Impugned order of the Family Court maintaining the maintenance quantum of Rs.10,000 and Rs.8,000 per month.
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THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE Nos.110 AND 380 OF 2015
COMMON ORDER:
Both the criminal revision cases are filed against the order, dated 05.12.2014 in M.C.No.48 of 2010 on the file of the Judge, Family Courtcum-IX Additional District and Sessions Judge, East Godavari, at Rajahmundry, and as such, both the cases are being disposed of by this Common Order.
The Crl.R.C.No.110 of 2015 is filed by the petitioner (hereafter referred to as 'husband') challenging the order, dated 05.12.2014, passed in M.C.No.48 of 2010 by the Court of the Judge, Family Court-cum-IX Additional District and Sessions Judge, East Godavari, at Rajahmundry, whereby the Court below partly allowed the petition filed by the petitioners in Crl.R.C.No.380 of 2015 (hereafter referred to as 'wife and son') claiming maintenance, and directed the husband to pay an amount of Rs.10,000/(Rupees ten thousand only) and Rs.8,000/- (Rupees eight thousand only) per month to the wife and son respectively as maintenance. The Crl.R.C.No.380 of 2015 is filed by the wife and son challenging the same order aggrieved over the disallowed portion of the maintenance amount. Heard and perused the records.
On an earlier occasion, the Court below directed to the husband to pay monthly amount of Rs.25,000/- (Rupees twenty five thousand only) each to the wife and son respectively as maintenance. Aggrieved over the same, the husband has filed Criminal Revision Case being Crl.R.C.No.1369 of 2012 and that this Court by order, dated 20.08.2014, set aside the impugned order and remitted the matter for deciding the quantum issue. The Court below after taking into consideration the income of the husband passed the impugned order and aggrieved thereby, the present criminal revision case is filed.
2
The Court below after taking into consideration the undisputed fact of the relationship of the parties and also the maintenance and payment of the school fee and boarding expenses for education of the son, directed the husband to pay an amount of Rs.10,000/- and Rs.8,000/- per month to the wife and son respectively as maintenance. This Court is of the view that the Court below has taken into consideration all the aspects in proper perspective and passed the well considered order. The order of the Court below is in accordance with law and needs no interference by this Court.
The Criminal Revision Cases are accordingly dismissed. Consequently, the miscellaneous petitions pending, if any, shall
stand closed.
_____________________
JUSTICE RAJA ELANGO
14.07.2016
pln
2 issues framed by the court
Whether the Family Court committed any error in fixing the quantum of maintenance at Rs.10,000 to the wife and Rs.8,000 to the son.
Whether the impugned order passed by the Family Court passes well considered order and needs no interference.
Husband
Wife and Son
Raja Elango
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
