Mohd. Moiz Asif v. Haleema Khatoon

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.3269 of 2015

ORDER

The present criminal revision case is directed against the order dated 16.11.2015 passed in Crl.M.P.No.943 of 2015 in M.C.No.217 of 2015 by the learned Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Casecum-Additional Family Court, Hyderabad.

2. Heard and perused the material on record.

3. During the pendency of M.C.No.217 of 2015, the first respondent being the wife of petitioner filed Crl.M.P.943 of 2015 claiming interim maintenance at the rate of Rs.75,000/-per month to her. The trial Court after considering the monthly earnings of the petitioner, granted interim maintenance at the rate of Rs.8,000/-per month to the first 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 first 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.217 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.4,000/- per month to the first 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 first respondent calculating at the rate fixed by this Court in three equal monthly installments commencing from the month of February, 2015.

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 31st December, 2015 sj