Syed Saber Miya, v. The State Of Telangana,

THE HONOURABLE SRI JUSTICE RAJA ELANGO Crl.R.C.No.2808 of 2015

ORDER

The present criminal revision case is directed against the order dated 20.08.2015 passed in Crl.M.P.No.556 of 2015 in M.C.No.24 of 2015 by the learned Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court, Hyderabad.

2. Heard and perused the material on record.

3. During the pendency of M.C.No.24 of 2015, respondents 2 to 4 being the wife, daughter and son of the petitioner filed Crl.M.P.No.556 of 2015 claiming interim maintenance at the rate of Rs.15,000/- and Rs.10,000/-each per month respectively, payable by the petitioner. The trial Court having found that the petitioner is an auto driver and also doing cloth business and earning Rs.50,000/- per month and willfully neglected and refused to provide minimum necessities to his wife and children, granted interim maintenance at the rate of Rs.5,000/- per month to the wife and Rs.2,500/- per month each to the children from the date of the petition till disposal of the maintenance case. Aggrieved by the same, the petitioner filed the present revision.

4. The relationship between the parties is not in dispute. The trial Court, after taking the various circumstances into consideration, granted the said interim maintenance to the unofficial respondents. Apparently, the order impugned is an interim in nature. Therefore, without expressing any opinion on merits of the matter, the trial Court is directed to dispose of M.C.No.24 of 2015 within a period of three months from the date of receipt of a copy of this order. Till such time, the petitioner is directed to pay a sum of Rs.2,500/- per month to respondent No.2 and Rs.1,250/-per month each to respondents 3 and 4 towards interim maintenance on or before 10th of every succeeding month. The

petitioner is further directed to pay the arrears, if any, to respondents 2 to 4 calculating at the rate fixed by this Court in three equal monthly installments commencing from the month of December, 2015. The payments, if any made, have to be adjusted accordingly. The trial Court shall dispose of the said MC on merits without being influenced by the observations of this Court.

5. With the above said modification of the impugned order, the Criminal Revision Case is disposed of. Miscellaneous petitions, if any, pending in this revision shall stand closed.

______________________ JUSTICE RAJA ELANGO 26th November, 2015 sj