Yogesh Agarwal v. Smt. Anchal Kumari Agarwal

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.253 OF 2016 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 26.10.2015, passed in D.V.C.Appeal No.710 of 2014 by the Court of the Additional Metropolitan Sessions Judge for trial of Communal Offence Cases at Hyderabad, whereby the Court below allowed the petition by setting aside the order of the lower Court by enhancing the monthly maintenance amount from Rs.5,000/- to Rs.8,000/-.. Heard and perused the records.

Learned counsel for the petitioners submits that the first petitioner is unable to pay the interim maintenance amount as ordered by the lower appellate Court to the first respondent herein and as such, prays this Court to reduce the maintenance amount. Considering the facts and circumstances of the case, the criminal revision case is disposed of with the following directions.

(i) The first petitioner herein is directed to pay an amount of Rs.5,000/- (Rupees five thousand only) towards monthly maintenance to the first respondent herein on or before 10th of every succeeding month;

(ii) The first petitioner is also directed to pay the arrears of maintenance amount calculating at Rs.5,000/- per month within a period of three months from the date of this order; and (iii) The trial Court is directed to dispose of D.V.C.No.5 of 2013 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 Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO 27.01.2016 pln