High Court for State of TelanganaCRLRC/1552/2009dismissed

Shaik Shafi Ahmed, v. Shaik Sabira,

2016-07-28Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1552 OF 2009 ORDER:

This Criminal Revision Case is filed by the petitioner/respondent challenging the order, dated 3.7.2009, in M.C.No.6 of 2009 on the file of the Judge, Family Court, Kadapa.

2. Respondent Nos.1 to 3 are the wife, daughter and son of the petitioner respectively. They filed M.C.No.6 of 2009 before the Family Court, Kadapa seeking maintenance at the rate of Rs.4,500/- per month to respondent No.1, Rs.3,150/- per month to respondent No.2 and Rs.3,000/- per month to respondent No.3 and the same was allowed in part granting maintenance at the rate of Rs.750/- per month to respondent Nos.1 to 3 each. The trial Court also directed the petitioner to pay the arrears within one month and to continue the payment before 10th of every month. Aggrieved by the same, husband filed the present Revision Case.

3. On 22.9.2009, this Court admitted the Revision Case and granted interim stay on condition that the petitioner shall deposit 50% of the maintenance amount and arrears, if any, within four weeks from that day and to deposit the monthly maintenance at the rate indicated above by 10th of every succeeding month. Today, when the case has been called, learned counsel for respondent Nos.1 to 3 informed that the said order is not complied with by the petitioner.

4. Heard and perused the material available on record.

5. Admittedly, there is no dispute regarding the fact that the petitioner and respondent No.1 are husband and wife and respondent Nos.2 and 3 were born to them during their wedlock and respondent Nos.1 to 3 are living separately from the petitioner. Respondent No.1

is not in a position to maintain herself. Hence, the trial Court, after considering all the facts and circumstances of the case, passed the impugned order directing the petitioner to pay maintenance at Rs.750/- per month to respondent Nos.1 to 3 each. An amount of Rs.750/- per month is very meager in nature. The trial Court rightly passed the impugned order and that order warrants no interference of this Court, and the Revision Case fails and is liable to be dismissed.

6. Accordingly, the Criminal Revision Case is dismissed.

7. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 28.7.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1552 OF 2009 Date: 28.7.2016 AMD