Mohd Ayub v. Saba Fatima
THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4913 OF 2016 ORDER:
This Criminal Petition is filed by the petitioner/respondent seeking to quash the order, dated 12.1.2016, in Crl.M.P.No.1255 of 2015 in M.C.No.303 of 2015 on the file of the Additional Metropolitan Sessions Judge for the trial of Jubilee Hills Car Bomb Blast Case-cumAdditional Family Court-cum-IX Additional Metropolitan Sessions Judge, Hyderabad.
2. Respondent No.1 is the wife and respondent No.2 is the son of the petitioner. They filed M.C.No.303 of 2015 on the file of the Judge, Family Court, City Civil Court at Hyderabad seeking maintenance. They filed Crl.M.P.No.1255 of 2015 before the Court below against the petitioner seeking interim maintenance at Rs.10,000/- per month to respondent No.1 and Rs.5,000/- per month to respondent No.2 pending disposal of the main case. The Court below partly allowed the said application granting interim maintenance at Rs.6,000/- per month to respondent No.1 and Rs.3,000/- per month to respondent No.2. Aggrieved by the same, the present petition is filed.
3. Heard and perused the material available on record.
4. Having regard to the facts and circumstances of the case, without expressing any opinion on the merits of the case, this Criminal Petition is disposed of modifying the impugned order as follows: The petitioner is directed to pay interim maintenance at the rate of Rs.5,000/- per month to respondent Nos.1 and 2 from the date of the above application till disposal of M.C. He is also directed to pay the said maintenance amount on or before 10th of every succeeding month and the arrears if any, in three (3) equal monthly instalments within three months from the date of receipt of a copy of this order. The trial
Court is directed to dispose of the M.C., as expeditiously as possible, preferably, within a period of three (3) months from the date of receipt of a copy of this order without being influenced by this order.
5. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.
_________________________ JUSTICE RAJA ELANGO 11.4.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL PETITION No.4913 OF 2016 Date: 11.4.2016 AMD