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High Court for State of TelanganaCRLRC/3153/2015disposed of no costs

Karakayala Deepak, v. Smt.Maheshwari,

2015-12-17Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3153 of 2015 ORDER:

1. This Criminal Revision Case is filed by the petitioners aggrieved by the order dated 1.12.2015 passed in Criminal Appeal No.710 of 2015 by the V Additional Metropolitan Sessions Judge (Mahila Court), Hyderabad.

2. The 1st respondent is the wife of the 1st petitioner. She filed DVC No.6 of 2013 before the III Metropolitan Magistrate (Traffic Mobile Court) , Hyderabad, against the petitioners. Pending the same, she filed Crl.M.P.Nos.1924 of 2013 and 1925 of 2013 against the 1st petitioner seeking to grant interim maintenance of Rs.25,000/- per month and also to permit her to reside in the share house. The learned Magistrate allowed the petitions and directed the 1st petitioner to pay interim maintenance of Rs.6,000/- per month to the 1st respondent pending DVC from the date of the petition viz., 11.12.2013, while directing him to pay the arrears within a month. Aggrieved by the same, the petitioners as well as the 1st respondent filed the appeals before the learned V Additional Metropolitan Sessions Judge, Hyderabad. The learned Sessions Judge dismissed all the appeals including the appeal filed by the petitioners against the order in Crl.M.P.No.1924 of 2013 in DVC No.6 of 2013. Hence, the petitioners filed this revision against the order passed in Crl.A.No.710 of 2015.

3. Heard and perused the material available on record.

4. There is no dispute with regard to the relationship between the parties. In view of the same and in view of the pendency of the main DVC case, without expressing any opinion on the merits of the case,

this revision case is disposed of with the following direction: I) The 1st petitioner is directed to pay Rs.3,000/- per month, instead of Rs.6,000/-, to the 1st respondent towards interim maintenance on or before 10th of every succeeding month till disposal of the above DVC;

II) The 1st petitioner is directed to pay the arrears of maintenance at the rate fixed by this Court from the date of filing of the petition viz., 11.12.2013, 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 D.V.C., as expeditiously as possible, preferably within six months, without being influenced by the above order.

Miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 17th December, 2015 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3153 of 2015 17.12.2015 Nn