High Court for State of TelanganaCRLRC/1516/2015disposed of no costs

A.Rajesh v. Aruna Priya

2015-07-31T.Sunil Chowdary4 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** CRIMINAL REVISION CASE No.1516 of 2015 Between:

A. Rajesh.

..Petitioner And

1. Aruna Priya and others.

..Respondents.

DATE OF JUDGMENT PRONOUNCED: 31.7.2015 SUBMITTED FOR APPROVAL:

THE HONOURABLE SRI JUSTICE RAJA ELANGO

1. Whether Reporters of Local newspapers may be :: Yes/No Allowed to see the judgments?

2. Whether the copies of judgment may be marked :: Yes/No To Law Reporters/Journals

3. Whether Their Ladyship/Lordship wish to see :: Yes/No the fair copy of Judgment?

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1516 OF 2015 ORDER:

1. This revision case is filed by the petitioner-husband challenging the order dated 22.6.2015 passed in Crl.M.P.No.98 of 2014 in M.C.No.290 of 2014 by the Additional Metropolitan Sessions Judge for the Trial of JHCBBC-cum-Additional Family Court, Hyderabad.

2. The 1st respondent is the wife and the 2nd respondent is the daughter of the petitioner. The 1st respondent filed the above M.C. against the petitioner claiming maintenance. Along with the above M.C., she also filed the above Crl.M.P. under Section 125(1) Cr.P.C. against the petitioner seeking to grant interim maintenance to her and to her daughter at the rate of Rs.20,000/- each p.m.. Considering the earning capacity of the petitioner, the trial Court allowed the above Crl.M.P. directing the petitioner to pay a sum of Rs.3,000/- p.m., to the 1st respondent-wife and Rs.2,000/- p.m., to the 2nd respondentdaughter towards interim maintenance. Aggrieved by the same, the petitioner filed the present revision case.

3. Learned Counsel for the petitioner submitted that the 1st respondent-wife left the company of the petitioner without any reason and that the petitioner is not in a position to secure any proper employment due to family disturbance and he is not even able to take care of his parents properly.

4. Considering the facts and circumstances of the case and in view of the pendency of the maintenance case, this Court is inclined to pass the following order:

i) The trial Court is directed to dispose of the above maintenance Case i.e., M.C.No.290 of 2014 as early as possible.

ii) Till then, the petitioner is directed to pay interim maintenance at the rate of Rs.1,500/- p.m., to the 1st respondent and Rs.1,000/- p.m., to the 2nd respondent commencing from the month of August,

2015, on or before 10th of every succeeding month; iii) The petitioner is further directed to pay 50% of the arrears of maintenance awarded by the trial Court, within a period of three months from the date of receipt of a copy of this order.

iv) The above order does not stand in the way of the trial Court in passing appropriate final orders in the above M.C.

5. With the above direction, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions pending, if any, shall stand closed.

______________________ JUSTICE RAJA ELANGO Dated: 31.07.2015 Nn THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.1516 OF 2015 DATED 31st July, 2015.