High Court for State of TelanganaCRLRC/550/2016disposed of no costs

Challapalli Vidyadhar, v. State Of Andhra Pradesh

2016-02-12Raja Elango2 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.550 of 2016

ORDER

The present criminal revision case is directed against the order dated 29.12.2015 passed in Crl.M.P.No.640 of 2015 in M.C.No.4 of 2015 by the learned Additional Judicial First Class Magistrate, Ramachandrapuram.

2. Heard and perused the material on record.

3. During the pendency of M.C.No.4 of 2015, the second respondent being the wife of petitioner filed Crl.M.P.640 of 2015 claiming interim maintenance at the rate of Rs.10,000/-per month to her. The trial Court after considering the sufficient means of the petitioner, granted interim maintenance at the rate of Rs.2,500/- per month to the second respondent from the date of the petition till disposal of the maintenance case. Aggrieved by the same, the petitioner filed the present revision.

4. The relationship between the parties is not in dispute. The trial Court, after taking the various circumstances into consideration, granted the said interim maintenance to the second respondent. Apparently, the order impugned is an interim in nature. Therefore, without expressing any opinion on merits of the matter, the trial Court is directed to dispose of M.C.No.4 of 2015 within a period of three months from the date of receipt of a copy of this order. Till such time, the petitioner is directed to pay a sum of Rs.1,250/- per month to the second respondent towards interim

maintenance on or before 10th of every succeeding month. The petitioner is further directed to pay the arrears, if any, to the second respondent calculating at the rate fixed by this Court in three equal monthly installments commencing from the month of March, 2016. The payments, if any made, have to be adjusted accordingly. The trial Court shall dispose of the said M.C. on merits without being influenced by the observations of this Court.

5. With the above said modification of the impugned order, the Criminal Revision Case is disposed of. Miscellaneous petitions, if any pending in this revision, shall stand closed. ______________________ JUSTICE RAJA ELANGO 12th February, 2016 sj