Fakeera v. Smt. Bukya Padma

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2113 OF 2015 ORDER:

The present criminal revision case is filed by the petitioner challenging the order, dated 20.08.2015, passed in Crl.M.P.No.320 of 2015 in D.V.C.No.8 of 2013, by the Hon'ble Metropolitan Magistrate, Cyberabad, at Medchal, whereby the Court below directed the first petitioner herein to pay an amount of Rs.3,000/- (Rupees three thousand only) to first respondent herein payable on or before 5th of every month and the arrears of maintenance shall be cleared within two months from the date of communication of that order.

Heard and perused the records.

Learned counsel for the petitioner submitted that the first petitioner is earning Rs.3,000/- and Rs.4,000/- and as such, he is unable to pay an amount of Rs.3,000/- to the first petitioner herein as ordered by this Court and as such, prays this Court to reduce the maintenance amount.

Considering the facts and circumstances of the case, the criminal revision case is disposed of with the following directions.

(i) The first petitioner herein is directed to pay 50% of the monthly maintenance ordered by the Court below, i.e., Rs.1,500/- (Rupees fifteen hundred only) to the first respondent, payable on or before 10th of every month; (ii) The petitioner is also directed to pay the arrears of maintenance amount calculating at 50% of the maintenance amount ordered by the Court below, within a period of three months from the date of this order; (iii) The order of the Court below with regard to the enforcement of the said order is hereby suspended; and (iv) The trial Court is directed to dispose of D.V.C.No.8 of 2013 as expeditiously as possible, preferably within a period of six months.

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 29.09.2015 pln