High Court for State of TelanganaCRLRC/1345/2015disposed of no costs

Manubolu Subbarayudu, v. The State Of Andhra Pradesh

2015-07-28Raja Elango4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CRIMINAL REVISION CASE No.1345 of 2015 Between:

Manubolu Subbarayudu.

..Petitioner And

1. The State of A.P. rep., by Public Prosecutor and others. ..Respondents.

DATE OF JUDGMENT PRONOUNCED: 28.7.2015 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAJA ELANGO

1. Whether Reporters of Local newspapers may be :: Yes/No Allowed to see the judgments?

2. Whether the copies of judgment may be marked :: Yes/No To Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see :: Yes/No the fair copy of Judgment?

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1345 OF 2015 ORDER:

1. This revision case is filed by the petitioner-husband challenging the judgment dated 17.6.2015 passed by the IV Additional District & Sessions Judge, Nellore, in Crl.A.No.12 of 2014 modifying the order dated 10.12.2013 passed by the Judicial magistrate of First Class, Atmakur in Crl.M.P.No.1703 of 2013 in D.V.C.No.4 of 2013.

2. The 2nd respondent is the wife and the 3rd respondent is the daughter of the petitioner. The 2nd respondent filed the above DVC case against the petitioner. During the pendency of the same, she filed the above Crl.M.P. seeking a direction to the petitioner herein to pay Rs.10,000/- per month towards food, clothes, medicine and day-today needs and also to secure the same level of alternative accommodation to her or to pay rent at the rate of Rs.5,000/- per month. The trial Court allowed the said application in part directing the petitioner herein to pay Rs.8,000/- per month towards food, clothes, medicine and day-to-day needs to respondents 2 and 3, and further to pay an amount of Rs.5,000/- per month to them towards rent in order to secure alternative accommodation. Aggrieved by the same, the petitioner-husband filed appeal viz., Crl.

A.No.12 of 2014 before the learned IV Additional District & Sessions Judge, Nellore. The said appeal was partly allowed by modifying the said order and reducing the maintenance amount awarded by the trial Court i.e., Rs.13,000/- p.m., (Rs.8,000/-towards maintenance + Rs.5,000/- towards rent) to that of Rs.5,000/- p.m. Being not satisfied with the said order, the petitioner filed this revision case.

3. Heard and perused the material available on record.

4. Considering the facts and circumstances of the case and in view of the pendency of the DVC case, without expressing any opinion on the merits of the case, the amount awarded by the lower appellate Court i.e., Rs.5,000/- p.m., is reduced to that of Rs.2,500/- per month.

The trial Court is directed to dispose of the above DVC as early as possible, preferably within a period of three months from the date of receipt of a copy of this order.

5. With the above direction, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Dated: 28.07.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1345 OF 2015 DATED 28th July, 2015.