S. Sunil Kumar v. S.Swapna

THE HON'BLE SRI JUSTICE C. PRAVEEN KUMAR CRIMINAL REVISION CASE No.1041 OF 2016 ORDER:

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

2. Assailing the order dated 16.03.2016 passed in Criminal Appeal No.1134 of 2015 on the file of the Additional Metropolitan Sessions Court, Cyberabad at L.B.Nagar, Ranga Reddy District, wherein an amount of Rs.4,000/- per month and Rs.3,000/- per month was awarded to respondents 1 and 2 respectively, the present Criminal Revision Case is filed by the petitioner/appellant.

3. It is to be noted that main DVC is still pending consideration before the trial court. As an interim measure, the said Court by an order dated 28.10.2015 awarded an amount of Rs.4,000/- per month to the 1st respondent and Rs.3,000/- per month to the 2nd respondent towards interim maintenance. The same is challenged by filing Criminal Appeal No.1134 of 2015 before the Additional Metropolitan Sessions Court, Cyberabad at L.B.Nagar, which was dismissed confirming the trial Court order. It has been specifically held by both the Courts below that the petitioner has capacity to earn Rs.10,000/- to Rs.15,000/- per month and can maintain his wife and children. Since the amount that has been awarded towards interim maintenance cannot be said to be on a higher side, I see no ground to interfere with the impugned order.

4. However, the learned Magistrate shall dispose of the DVC No.11 of 2015 as expeditiously as possible preferably within a period of four (04) months from the date of receipt of a copy of this order.

5. Accordingly, the Criminal Revision Case is disposed of. _______________________ JUSTICE C. PRAVEEN KUMAR Date:18.04.2016 INL