M.B.Rajendra Prasad Verma, v. The State Of Andhra Pradesh,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.859 OF 2011 ORDER:

This Criminal Revision Case is filed by the petitioner/respondent challenging the order, dated 10.12.2010, in M.P.No.754 of 2010 in M.C.No.27 of 2007 on the file of the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad.

2. Respondent No.2 is the wife of the petitioner. She filed M.C.No.27 of 2007 before the Court below under Section 125 Cr.P.C. against the petitioner seeking maintenance of Rs.5,000/- per month and the same was partly allowed on 14.8.2008 by awarding an amount of Rs.4,000/- per month towards maintenance. She filed M.P.No.754 of 2010 in the said M.C. seeking enhancement of the maintenance from Rs.4,000/- per month to Rs.8,000/- per month and the same was partly allowed by the Court below by awarding an amount of Rs.6,500/- per month towards maintenance. Aggrieved by the said enhancement, the petitioner filed the present Criminal Revision Case.

3. Learned counsel for the petitioner mainly contended that the salary of the petitioner is very meager and hence, he cannot pay Rs.6,500/- per month as maintenance to respondent No.2 and therefore, he prays to set aside the impugned order.

4. Learned counsel for respondent No.2 submitted that the son of the petitioner and respondent No.2, who is unemployed, is residing with respondent No.2 and she has to take care of him also and apart from that, an amount of Rs.6,500/- in the present days is a very meager amount to maintain their lives; that the Court below rightly enhanced

the maintenance from Rs.4,000/- to Rs.6,500/- and hence, he prays to sustain the impugned order.

5. After perusal of the entire material available on record and hearing the arguments of the learned counsel appearing on both sides, this Criminal Revision Case is disposed of with the following directions:

The petitioner is hereby directed to pay an amount of Rs.6,000/- (Rupees six thousand only) per month to respondent No.2 towards maintenance from the date of the above application. He is also directed to pay the said maintenance amount on or before 10th of every succeeding month and the arrears, if any, in three (3) equal monthly instalments within three (3) months from the date of receipt of a copy of this order.

6. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 21.7.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.859 OF 2011 Date: 21.7.2016 AMD