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High Court for State of TelanganaCRLRC/2310/2011dismissed

Smt. Sri Lakshmi , Lakshmi And Another, v. State Of A.P., Rep By Pp., And Another,

2018-10-08P.Keshava Rao3 pages

THE HON'BLE SRI JUSTI CE P. KESHAVA RAO CRI MI NAL REVI SI ON CASE NO. 2310 OF 2011 ORDER:

Heard the learned counsel for the petitioners and respondent No.2 The present Criminal Revision Case is filed against the orders passed in M.P.No.934 of 2007 in M.C.No.95 of 2000 dated 14.7.2009 on the file of the Court of Additional Metropolitan Sessions Judge for the trial of JHCBBC-cumAdditional Family Court-cum-XXIII Additional Chief Judge, Hyderabad, enhancing the quantum of maintenance from Rs.750/- to Rs.2,000/- p.m. each to the petitioners. The facts in brief are that petitioner No.1 is the wife of respondent No.2. The petitioners originally filed M.C.No.95 of 2000 on the file of the above said Court seeking Rs.2,000/- p.m. each towards maintenance. Learned Judge, Family Court, after hearing, by orders dated 10.12.2004, awarded a sum of Rs.750/- p.m. each to the petitioners towards maintenance.

In the year 2007, the petitioners filed M.P.No.934 of 2007 seeking enhancement of maintenance from 750/- to Rs.3,000/- p.m. The Court below, after considering the respective contentions and appreciating the evidence, enhanced the maintenance from Rs.750/- to Rs.2,000/- p.m.

dated 14.7.2009. Not satisfying with the said orders, the present Criminal Revision Case is filed.

Learned counsel for the petitioners submits that the Court below committed an error in not granting Rs.3,000/- p.m. each to the petitioners towards maintenance.

However, learned counsel for respondent No.2 brought to the notice of this Court that questioning the very same order, Criminal Revision Case No.1713 of 2009 has been filed in this Court and this Court, after hearing both the parties, by order dated 16.6.2010, partly allowed the said Criminal Revision Case by reducing the maintenance from Rs.2,000/- to Rs.1,500/- p.m. each to the petitioners.

In the light of the above, this Court is of the opinion that no further orders are required in the present Criminal Revision Case.

It is needless to observe that since the orders of this Court are passed in the year 2010 and eight years have already elapsed from then, it is open to the petitioners to move a fresh application under Section 127 Cr.P.C. seeking enhancement, if they so desire.

With the above said observations, Criminal Revision Case is dismissed.

Pending miscellaneous petitions, if any, shall also stand dismissed.

_________________ P. KESHAVA RAO,J Date: 8.10.2018 KPM