Single judge allowed criminal revision to direct lower Court to dispose of pending maintenance petition within three months and granted time for arrears with execution liability.
Direct disposal of M.C. within three months; two months time for arrears in two instalments with execution liability on default.
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HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
CRIMINAL REVISION CASE No.1262 of 2017
ORDER :
The revision petitioner herein is respondent/ husband in M.C.No.5 of 2016 vis-à-vis Crl.M.P.No.1251 of 2016, maintained by the wife (2nd respondent herein) against him for interim maintenance of Rs.7,000/ - p.m. and the lower Court granted maintenance at Rs.3,000/ - p.m. from the date of petition, by the order dated 30.03.2017, against which, this revision is filed.
The relationship between the revision petitioner and 2nd respondent is not in dispute. It is the contention of the husband that he has no means and it is not even his contention that he is not able-bodied.
When such is the case, there is nothing to interfere with the interim maintenance awarded by the lower Court, but for, to say without prejudice to contest in the main matter, any payment is to be made ultimately, after final disposal of M.C.
Having regard to the above, this Criminal Revision Case is disposed of, directing the lower Court to dispose of M.C. within three months from the date of receipt of copy of this
order. Two months time is granted to pay arrears of maintenance in two equal instalments from the date of receipt of copy of this order and even non-payment of first instalment entitles the wife for execution of the entire maintenance amount.
Consequently, miscellaneous petitions pending, if any, shall stand dismissed.
_________________________ Dr. B. SIVA SANKARA RAO, J
Date:27-04-2017 pab
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
CRIMINAL REVISION CASE No.1262 of 2017
DATE: 27.04.2017
pab
1 issue framed by the court
Whether the lower Court's award of interim maintenance needs to be interfered with given the husband's lack of means.
Revision Petitioner
2nd Respondent
Dr. B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
