J.Surender v. The Stae Of Telangana And 3 Others

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3922 OF 2016 ORDER:

1. This Criminal Petition is filed by the petitioner seeking to quash the order dated 27.1.2016 passed in Crl.M.P.No.6 of 2016 in M.C.No.7 of 2015 by the Family Court-cum-VIII Additional Sessions Judge, Mahabubnagar.

2. The 2nd respondent, who is the wife of the petitioner, filed the above M.C. on her behalf and on behalf of her two childrenrespondents 3 and 4 claiming maintenance from the petitioner. During the pendency of the above M.C. she filed the above Crl.M.P. on her behalf and on behalf of her children seeking to grant interim maintenance at the rate of Rs.5,000/- per month to each of them pending disposal of the above M.C. The trial Court allowed the petition in part directing the petitioner to pay an amount of Rs.5,000/- p.m., to the 2nd respondent and Rs.3,000/- per month to each of respondents 3 & 4 towards interim maintenance from the date of filing of the petition. Aggrieved by the same, the petitioner filed the present petition.

3. Heard and perused the material available on record.

4. There is no dispute as to the relationship between the parties. In view of the same and in view of the pendency of the main case, without expressing any opinion on the merits of the case, this Criminal Petition is disposed of with the following direction: I) The petitioner is directed to pay Rs.2,500/- per month to the 2nd respondent and Rs.1,500/- per month to each of respondents 3 & 4 towards interim maintenance on or before 10th of every succeeding month till disposal of the above M.C.;

II) The petitioner is directed to pay the arrears of maintenance at the rate fixed by this Court from the date of filing of the petition i.e., Crl.M.P.No.6 of 2016 in the above M.C., within a period of three months from the date of receipt of a copy of this order; III) The trial Court is directed to dispose of the above M.C., as expeditiously as possible, without being influenced by the above order.

Miscellaneous petitions pending, if any, shall stand closed. ______________________ JUSTICE RAJA ELANGO Date : 22.3.2016 Nn HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL PETITION No.3922 OF 2016 DATED 22.3.2016 Nn