Tayyaba Farhath v. The State Of A.P.,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No1050 OF 2014 ORDER:

This Criminal Revision Case is filed by the petitioner challenging the order of the Additional Metropolitan Sessions Judge for the trial of JHCBBC-cum-Additional Family Court-cumXXIII Additional Chief Judge, Hyderabad dated 5.06.2013 whereby the learned Judge dismissed Crl.M.P.No.250 of 2012 in M.C.No.110 of 2008 filed by the petitioner seeking enhancement of maintenance.

The petitioner herein is the wife of the second respondent. The petitioner filed the M.C. and the same was allowed on 9.11.2009 granting maintenance of Rs.4,000/- per month. Now, in view of escalation of prices and other facts, the petitioner filed Crl.M.P.No.250 of 2012 seeking enhancement of maintenance to Rs.12,000/- per month, which is rejected by the Court below by the impugned order.

In spite of service of notice, the second respondenthusband has not chosen to appear before this Court. Heard the learned counsel for the petitioner and perused the material on record.

Admittedly, there is no dispute regarding the relationship between the petitioner and the second respondent. Since the maintenance amount of Rs.4,000/- per month was granted in the year 2009, this Court is of the view that certainly there must be an increase in the quantum of maintenance. Hence, the impugned order is set aside and the maintenance amount of Rs.4,000/- per month awarded to the petitioner by the Court below is hereby enhanced to Rs.7,000/- per month.

The Criminal Revision Case is accordingly disposed of. Consequently, miscellaneous petitions, if any, pending, shall stand closed.

________________________ JUSTICE RAJA ELANGO 01.06.2016 Tsr