Obaidullah Khan Hyd v. Sumaiyya Fatima Hyd And 4 Othrs

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3252 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 18.11.2015 passed in Crl.M.P.No.1116 of 2015 in M.C.No.97 of 2015 by the Additional Metropolitan Sessions Judge for trial of JHCBBC-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad.

2. The 1st respondent, who is the wife of the petitioner, filed the above M.C. on her behalf and on behalf of her three childrenrespondents 2 to 4 against the petitioner claiming maintenance. Along with the above M.C., the 1st respondent-wife also filed the above Crl.M.P. seeking to grant interim maintenance of Rs.15,000/- per month to her and Rs.5,000/- per month to each of respondents 2 to 4. The learned trial Judge allowed the petition directing the petitioner to pay an amount of Rs.7,500/- p.m., to the 1st respondent and Rs.3,000/- per month to each of her children-respondents 2 to 4 from the date of filing of the petition till disposal of the M.C. Aggrieved by the same, the petitioner-husband filed the present revision.

3. Heard and perused the material available on record.

4. There is no dispute as to the relationship between the parties. In view of the same and in view of the pendency of the main case, without expressing any opinion on the merits of the case, this revision case is disposed of modifying the order under revision with regard to the interim maintenance as follows:

I) The petitioner is directed to pay a sum of Rs.3,750/- per month to the 1st respondent and Rs.1,500/- per month to each of respondents

2 to 4 towards interim maintenance on or before 10th of every succeeding month till disposal of the above M.C.; II) The petitioner is directed to pay the arrears of maintenance at the rate fixed by this Court from the date of filing of the petition i.e., Crl.M.P.No.1116 of 2015, within a period of three months from the date of receipt of a copy of this order;

III) The trial Court is directed to dispose of the above M.C., as expeditiously as possible, without being influenced by the above order.

IV) Rest of the order of the trial Court remains. Miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 21.1.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3252 of 2016 21.1.2016 Nn