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High Court for State of TelanganaCRLRC/1534/2015disposed of no costs

Qamar Ahmed Khan, v. The State Of Telangana,

2015-09-16T.Sunil Chowdary2 pages

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1534 OF 2015 ORDER:

This Criminal Revision Case is filed by the petitioner, challenging the order, dated 19.06.2015 passed in Crl.M.P. No.219 of 2015 in M.C. No.284 of 2014 by the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case cum Additional Family Court, Hyderabad, whereby the learned Judge directed the petitioner to pay Rs.3,000/- per month to the 2nd respondent as interim maintenance.

Heard and perused the material available on record. The 2nd respondent is the wife of the petitioner. Their marriage was performed in the year 2007 as per Muslim Rites and Customs and the marriage is a second marriage to both of them. Due to the harassment made by the petitioner and his family members, the 2nd respondent left the company of the petitioner in the year 2012. Thereafter, the 2nd respondent filed M.C. No.284 of 2014 before the Court below against the petitioner. She also filed Crl.M.P. No.219 of 2015 seeking interim maintenance at Rs.20,000/- per month, pending disposal of the maintenance case. The Court below allowed the said application granting interim maintenance at Rs.3,000/- per month to the 2nd respondent. Aggrieved by the same, the present revision is filed. Learned counsel for the petitioner submitted that the order of the trial Court is illegal and improper and the Court below has not taken into consideration the fact that the petitioner lost his job as he was arrested in Crime No.320 of 2012 on the complaint lodged by the 2nd respondent.

The order passed by the trial Court is only an interim order. Therefore taking into consideration the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Criminal Revision Case is disposed of modifying the order under revision as follows:

The petitioner is directed to pay maintenance at the rate of Rs.2,000/- (Rupees two thousand only) per month to the 2nd respondent from the date of the above application till disposal of M.C. He is also directed to pay the maintenance on or before 10th of every succeeding month and the arrears of maintenance, if any, within three

(3) 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 order under revision. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J September 16, 2015 KTL