S.Mohammad Jilani Basha v. The State Of Andhra Pradesh

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1550 of 2016 ORDER:

1. This Criminal Revision Case is filed by the petitioner aggrieved by the judgment dated 11.5.2016 passed in Crl.A.No.74 of 2016 by the Principal Sessions Judge, Kadapa.

2. The 2nd respondent, who is the wife of the petitioner, filed D.V.C.No.29 of 2015 on the file of the I Additional Judicial Magistrate of First Class, Kadapa, against her husband-petitioner and her in laws seeking to pass appropriate orders under the provisions of the Domestic Violence Act. During the pendency of the above DVC., she filed Crl.M.P.No.4374 of 2015 seeking a direction to the petitioner to pay interim maintenance of Rs.20,000/- per month to her and to her three minor children. The learned Magistrate allowed the said Crl.M.P. directing the petitioner to pay an amount of Rs.9,000/- p.m., to the 2nd respondent and her three minor children towards interim maintenance. Aggrieved by the same, the petitioner-husband filed appeal viz., Crl.A.No.74 of 2016 before the Principal Sessions Judge, Kadapa. The learned Sessions Judge allowed the appeal in part by reducing the quantum of interim maintenance of Rs.9,000/- per month granted by the trial Court, to that of Rs.4,500/- per month. Being not satisfied with the said order, the petitioner filed this revision.

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 above DVC., without expressing any opinion on the merits of the case, this revision case is disposed of with the following directions:

I) The petitioner is directed to pay Rs.2,500/- per month to the 2nd respondent and her three minor children towards interim maintenance on or before 10th of every succeeding month till disposal of the above DVC; II) The petitioner is directed to pay the arrears of maintenance at the rate fixed by this Court from the date of the order of the trial Court i.e., 6.1.2016, 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 DVC., as expeditiously as possible, without being influenced by the above order.

Miscellaneous petitions pending, if any, shall stand closed. _____________________ JUSTICE RAJA ELANGO Dated: 21st June, 2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1550 of 2016 21.6.2016 Nn