Aerpula Srinivas v. Aerpula Sujatha

HON'BLE SRI JUSTICE G.SHYAM PRASAD Crl.R.C.No. 1547 of 2018 JUDGMENT:- This Criminal Revision Case arises out of the Order dated 17.02.2018 in Crl.M.P.No. 1005 of 2017 in M.C.No. 396 of 2016 passed by the Additional Metropolitan Sessions Judge for the Trial of J.H.C.B.B.C.-cum-Additional Family Court-cum-IX Additional Metropolitan Sessions Judge, Hyderabad. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the 2nd respondent - State and perused the material placed on record.

The 1st respondent-wife has filed Crl.M.P.No. 1005 of 2017 in M.C.No. 396 of 2016 under Section 125(1) Cr.P.C. against the petitioner - husband claiming interim maintenance, and the learned IX Additional Metropolitan Sessions Judge, Hyderabad, by the order dated 17.02.2018, allowed the petition granting interim maintenance to her @ Rs.7,000/ - p.m. payable by the petitioner from 19.08.2017. Being aggrieved by the same, the petitioner has filed the Criminal Revision Case.

The impugned order is interlocutory in nature. Section 497(2) Cr.P.C. does not make a provision for entertaining Revision Case against interlocutory order. Since the order

GSP,J CrlRC_1547_2018 passed by the trial Court is interlocutory in nature during pendency of the Maintenance Case, this Revision Case is not maintainable and is liable to be dismissed.

Accordingly, the Criminal Revision Case is dismissed. However, the petitioner is at liberty to avail appropriate remedy as may be available to him under law.

The Registry is directed to return the original documents of the Revision Case to the petitioner.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_______________ G.SHYAM PRASAD,J 14.11.2018 bcj