K.N.C.Shivaji , Shiva v. The State Of A.P.,

THE HON'BLE SRI JUSTICE T.SUNIL CHOWDARY CRIMINAL REVISION CASE No.364 of 2013 ORDER:

This Criminal Revision Case is filed under Sections 397 and 401 Cr.PC, challenging the order dated 11.12.2012 passed in M.C.No.101 of 2010 on the file of the Court of the Additional Metropolitan Sessions Judge for the Trial of JHCBBC - cum - Additional Family Court - cum - XXIII Additional Chief Judge, Hyderabad.

At the time of arguments, both counsel, in one voice, submitted that both parties have not adduced evidence with regard to their financial status and requested to remit the matter to the trial Court for fresh disposal.

In view of the submissions made by both counsel, the order dated 11.12.2012 passed in M.C.No.101 of 2010 by the trial Court is hereby set aside and the matter is remitted to the trial Court for fresh disposal after affording a reasonable opportunity to both parties to adduce fresh evidence with regard to their financial status.

The petitioner / husband is hereby directed to pay an amount of Rs.1,500/- to the second respondent and Rs.2,000/- to the third respondent herein on or before 10th of every succeeding month till disposal of the M.C.No.101 of 2010. The trial Court is hereby directed to dispose of the M.C.No.101 of 2010 as expeditiously as possible, without being

influenced by any of the observations made by this Court including the interim arrangement made above.

The Criminal Revision Case is accordingly allowed.

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

_________________________ T.SUNIL CHOWDARY, J Date: December 15, 2016.

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