Mudigonda Shamanth Kumar v. Mudigonda Jagadishwari

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRl.R.C.No.1422 OF 2016 ORDER:

This Criminal Revision Case is preferred challenging the order, dated 13.8.2013, in F.C.O.P.(M.C.)No.9 of 2013 on the file of the Judge, Family Court - cum - XII Additional District Judge, Guntur.

2. Respondent No.1 is the wife of the petitioner herein. She filed F.C.O.P.(M.C)No.9 of 2013 before the Court below seeking maintenance at Rs.20,000/- per month and the same was allowed in part granting maintenance at the rate of Rs.10,000/- per month. Challenging the same, the petitioner preferred the present Revision Case.

3. Heard and perused the material available on record.

4. 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 modifying the impugned order as follows:

The petitioner is directed to file a petition before the trial Court to set aside the ex parte order if he has not filed any such application. If any such application was filed and the same is pending, the trial Court is directed to restore the maintenance case and decide the same after hearing the petitioner herein. In the meanwhile, the petitioner is directed to pay Rs.6,000/- (Rupees six thousand only) per month to respondent No.1 towards monthly maintenance and also directed to pay the entire arrears calculating at the rate of Rs.6,000/- per month in three equal monthly instalments commencing from the month of July, 2016. The trial Court is also directed to pass the order without being influenced with the observation made in this order.

5. Miscellaneous petitions pending, if any, in this Criminal Revision

Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 2.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRl.R.C.No.1422 OF 2016 Date: 2.6.2016 AMD