Mohd Riyaz Ul Hasan v. Nazia Sulthana

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3391 OF 2016 ORDER:

The present criminal petition is filed by the petitioner challenging the order, dated 22.01.2016, passed in Crl.M.P.No.120 of 2015 in M.C.No.15 of 2015 by the Court of the Judge, Family Court-cum-Additional District Judge at Karimnagar, whereby the Court below allowed the petition directing the petitioner herein to pay an amount of Rs.3,000/- (Rupees three thousand only) each per month to the respondents 1 and 2 herein.

Heard and perused the records.

Learned counsel for the petitioner submits that the petitioner herein is unable to pay the interim maintenance amount as ordered by the Court below to the respondents 1 and 2 herein and as such, prays this Court to reduce the maintenance amount.

Considering the facts and circumstances of the case, the criminal petition is disposed of with the following directions.

(i) The petitioner herein is directed to pay 50% of the interim monthly maintenance ordered by the Court below, i.e., Rs.1,500/- (Rupees one thousand and five hundred only) to the respondents 1 and 2 herein, on or before 10th of every succeeding month;

(ii) The petitioner is also directed to pay the arrears of maintenance amount calculating at 50% of the maintenance amount ordered by the Court below, within a period of three months from the date of this order; and (iii) The trial Court is directed to dispose of M.C. No.15 of 2015 as expeditiously as possible, preferably within a period of six months, without being influenced by the order of this Court.

With the above directions, the Criminal Petition is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 16.03.2016 pln