Mohammed Imran Ahmed v. Saba Yasmeen

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3107 OF 2016 ORDER:

This Criminal is filed by the petitioner, under Section 482 Cr.P.C., challenging the order, dated 12.01.2016 in Crl.M.P. No.1575 of 2015 in M.C. No.298 of 2014 passed by the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case cum Additional Family Court cum IX Additional Metropolitan Sessions Judge, Hyderabad, whereby the learned Judge directed the petitioner to pay Rs.6,000/- per month to the 1st respondent and Rs.3,000/- per month to the 2nd respondent as interim maintenance.

The 1st respondent is the wife and the 2nd respondent is the son of the petitioner. They filed M.C. No.298 of 2014 before the Court below seeking maintenance. They also filed Crl.M.P. No.1575 of 2015 before the Court below against the petitioner seeking interim maintenance at Rs.10,000/- per month each to both of them, pending disposal of the maintenance case. The Court below partly allowed the said application granting interim maintenance at Rs.6,000/- per month to the 1st respondent and Rs.3,000/- per month to the 2nd respondent. 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.3,000/- per month to the 1st respondent and Rs.1,500/- to the

2nd respondent from the date of the above application till disposal of M.C. He is also directed to pay the said maintenance amount on or before 10th of every succeeding month and also the 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 March 10, 2016.

KTL