M.A.Qadeer, v. Tayabba Unnisa,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1943 OF 2015 ORDER:

The present criminal revision case is filed by the petitioners challenging the order, dated 26.06.2015, passed in M.C.No.223 of 2011 by the Court of Additional Metropolitan Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case-cumAdditional Family Court, Hyderabad, whereby the Court below allowed the petition filed by the respondents 1 and 2 herein directing the petitioner herein to pay an amount of Rs.7,000/- to respondent No.1 and Rs.4,000/- to respondent No.2, being a minor represented by his natural mother and guardian, per month as maintenance. Heard and perused the records.

This Court, by order, dated 08.10.2015, while ordering notice, suspended the order of the trial Court on condition of the petitioner depositing the arrears at the rate of Rs.3,500/- per month to respondent No.1 and Rs.2,000/- per month to respondent No.2, within a period of three months and continuing to pay the maintenance amount at the same rate, on or before 10th of every succeeding month. Aggrieved over the same, the respondents 1 and 2 herein filed Crl.R.C.M.P.No.3848 of 2015 to vacate the interim order.

Learned counsel for the respondents 1 and 2 submits that the petitioner herein already married another lady and he is getting a salary of about Rs.30,000/- per month. Per contra, learned counsel for the petitioner submits that the petitioner is unable to pay the amount ordered by this Court by way of interim order, and as such, prays this Court to reduce the said amount.

Considering the facts and circumstances of the case, the criminal revision case is disposed of with the following observations. (i) The petitioner herein is directed to pay the monthly maintenance amount of Rs.5,000/- (Rupees five thousand only) to the respondent No.1 and Rs.3,000/- (Rupees three thousand only) to the respondent No.2, on or before 10th of every succeeding month;

(ii) The petitioner is directed to pay the arrears calculating at the same rate as stated above, in three equal instalments i.e., January, February and March, 2016 respectively; and (iii) If the petitioner fails to pay the monthly maintenance amount and the arrears, the respondents 1 and 2 are at liberty to take appropriate legal action before

the appropriate forum.

With the above directions, the Criminal Revision Case is disposed of. Consequently, the miscellaneous petitions filed in this revision, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO 03.12.2015 pln