Matta Bhavana v. Matta Naveen Kumar

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1260 OF 2015 ORDER:

This Criminal Revision Case is filed by the petitioner - wife, challenging the order, dated 24.06.2015, passed in Crl.M.P. No.127 of 2015 in Crl.A. No.131 of 2015 by the IV Additional District Judge-cumSessions Judge, Mahila Court, Visakhapatnam, whereby the learned Judge directed the 1st respondent - husband to pay Rs.5,000/- per month to the petitioner as interim maintenance. The petitioner is the wife of the 1st respondent. The petitioner filed DVC. No.12 of 2014 before the I-Additional Chief Metropolitan Magistrate, Visakhapatnam, seeking maintenance at Rs.30,000/- per month. She also filed Crl.M.P. No.1673 of 2015 before the Court below seeking interim maintenance at Rs.30,000/- per month, pending disposal of the main case. The Court below partly allowed the said application granting interim maintenance at Rs.

10,000/- per month to the petitioner. Aggrieved by the same, the 1st respondent - husband filed Crl.A. No.131 of 2015 before the VI Additional District Judge cum Sessions Judge, Mahila Court, Visakhapatnam. He also filed Crl.MP No.127 of 2015 seeking stay of operation of the order passed by the trial Court. The learned Sessions Judge stayed the operation of the order of the trial Court directing the 1st respondent to pay Rs.5,000/- per month as interim maintenance to the petitioner, through the impugned order. Aggrieved over the same, the present revision is filed by the petitioner - wife.

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, this Criminal Revision Case is disposed of as follows:

The VI Additional District Judge - cum - Sessions Judge, Mahila Court, Visakhapatnam, is directed to dispose of the appeal as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order and the 1st respondent is directed to pay interim maintenance as per the orders of the learned Sessions Judge, on or before 10th of every succeeding month and also to pay the arrears of interim maintenance, if any, within a period of one month from the date of receipt of a copy of this order. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 03, 2015 KTL