Mohd. Masood Ahmed v. The State Of Telangana

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.4196 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. challenging the order dated 21-08-2015 passed in Crl.M.P.No.223 of 2015 in M.C.No.342 of 2014 on the file of Additional Metropolitan Sessions Judge for Trial of Jubilee Hills Car Bomb Blast Casecum-Additional Family Court, Hyderabad, allowing the application filed for granting interim maintenance by directing to pay an amount of Rs.7,500/- to the first petitioner and Rs.5,000/- each to petitioners 2 and 3 therein towards interim maintenance from the date of the petition till disposal of the main case. The petitioner herein the husband and the respondents 2 to 4 are the wife and children of the petitioner/respondent. The respondents 2 to 4 herein filed M.C.No.342 of 2015 before the Court below seeking maintenance. They also filed Crl.M.P.No.

342 of 2015 against the petitioner herein seeking interim maintenance at Rs.10,000/- per month each of the petitioners/respondents 2 to 4, pending disposal of the maintenance case. The Court below, on considering the facts and circumstances of the case, partly allowed the said application granting interim maintenance at Rs.7,500/- per month to the 1st respondent/1st petitioner therein and Rs.5,000/- per month to the respondents 3 and 4/petitioners 2 and 3 therein. Aggrieved by the same, the present petition is filed.

Heard and perused the material available on record. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this

Criminal Petition is disposed of modifying the impugned order, as follows:

The petitioner is directed to pay interim maintenance at the rate of Rs.3,750/- per month to the 1st respondent-wife and Rs.2,500/- each to the respondents 2 and 3/petitioners 2 and 3 from the date of the above application till disposal of main case. He is directed to pay the said maintenance amount on or before 10th of every succeeding month and also pay arrears if any, calculating at the same rate, within three months from the date of receipt of a copy of this order. The trial Court is directed to dispose of the M.C., as expeditiously as possible without being influenced by this order and the impugned order. Accordingly, the Criminal Petition is disposed of.

Consequently, miscellaneous petitions pending, if any, shall stand closed.

_________________ RAJA ELANGO, J Date: 29-03-2016 Ksn