K.Harikrishna Prabodh v. Singadi Anuradha

THE HON'BLE SRI JUSTICE RAJA ELANGO Criminal Petition No.5898 of 2016 ORDER:

This Criminal Petition is filed under Section 482 Cr.P.C. seeking to challenge the order dated 08-03-2016 in C.R.P.no.89 of 2015 passed by the VIII Additional Metropolitan District and Sessions Judge, Chittoor, confirming the order dated 21-10-2015 in Crl.M.P.No.1844 of 2014 in M.C.No.17 of 2014 passed by the III Additional Judicial Magistrate of First Class, Chittoor, whereby and whereunder the learned Magistrate granted interim maintenance at Rs.6,0000/- per month payable by the petitioner-husband to the respondent-wife.

The petitioner herein is the husband and the first respondent herein is the wife. The first respondent herein filed M.C.No.17 of against the petitioner-husband seeking monthly maintenance.

Along with the said M.C., she also filed Crl.M.P.No.1844 of 2014 seeking interim maintenance. The learned Magistrate allowed the said petition by the order dated 0803-2016 granting interim maintenance for Rs.6,000/- payable by the petitioner-husband to the first respondent-wife. Challenging the said order, the petitioner-husband filed C.R.P.No.89 of 2015 before the revisional Court and the revisional Court dismissed the revision petition confirming the order passed by the Court below. Aggrieved by the same, the present criminal petition is filed. Heard and perused the material available on record. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, the petitioner-husband is directed to pay interim maintenance at Rs.5,000/- per month on or before 10th of every succeeding month

till disposal of the main case. He is also directed to pay arrears of maintenance, if any, in equal instalments within a period of three months from the date of receipt of a copy of the order. However, the trial Court is directed to dispose of Maintenance Case as expeditiously as possible without being influenced by this order and the impugned order.

Accordingly, the Criminal Petition is disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________ RAJA ELANGO, J Date: 22-04-2016 Ksn