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High Court for State of TelanganaCRLRC/2637/2015dismissed

P.Santosh v. P.Bhargavi,

2015-11-06Raja Elango4 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2637 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioner aggrieved by the order 5.10.2015 passed in DV Appeal No.365 of 2015 by the III Additional Metropolitan Sessions Judge, Hyderabad.

2. The 1st respondent, who is the wife of the petitioner, filed DVC No.135 of 2014 before the IV Metropolitan Magistrate, Hyderabad, against the petitioner for maintenance and protection order. The trial Court granted ex parte interim maintenance of Rs.2,000/- per month to the 1st respondent vide order dated 8.7.2014 in Crl.M.P.No.997 of 2014. As the petitioner failed to pay the maintenance as ordered by the trial Court, the 1st respondent filed Crl.M.P.No.1476 of 2014 to enforce the order of interim maintenance, whereas the petitioner-husband filed Crl.M.P.No.258 of 2015 seeking to set aside the ex parte interim order dated 8.7.2014 passed in Crl.M.P.No.997 of 2014. The trial Court dismissed the application filed by the petitioner, but allowed the application filed by the 1st respondent to enforce the order of interim maintenance. Aggrieved by the dismissal of Crl.M.P.No.258 of 2015, the petitioner filed the above DV Appeal. The learned Metropolitan Sessions Judge dismissed the appeal. Hence, the petitioner-husband filed this revision.

3. Heard and perused the material available on record.

4. There is no dispute as to the relationship between the parties. The trial Court granted interim maintenance of Rs.2,000/- per month, by way of ex parte order dated 8.7.2014. The said interim maintenance granted by the trial Court to the 1st respondent is very meager. The order passed in DV Appeal is in accordance with law and it does not warrant any interference by this Court and hence the revision

case is liable to be dismissed.

5. Accordingly, the Criminal Revision Case is dismissed. Miscellaneous petitions pending, if any, shall stand dismissed.

_____________________ JUSTICE RAJA ELANGO Dated: 6.11.2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2637 of 2015

06.11.2015 Nn