High Court for State of TelanganaCRLRC/317/2016disposed of no costs

Prageet Dak v. Smt.Nirali Mehta

2016-02-01Raja Elango3 pages

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.317 of 2016 ORDER:

1. This Criminal Revision Case is filed by the petitioner aggrieved over the order dated 8.12.2015 passed in Crl.A.No.57 of 2014 by the I Additional Metropolitan Sessions Judge, Visakhapatnam.

2. The 1st respondent, who is the wife of the petitioner, filed D.V.C.No.13 of 2012 on the file of the I Additional Chief Metropolitan Magistrate, Visakhapatnam, against the petitioner. During the pendency of the same, the 1st respondent-wife filed Crl.M.P.No.2104 of 2013 for interim maintenance. The trial Court allowed the said Crl.M.P. directing the petitioner to pay to the 1st respondent a sum of Rs.10,000/- per month towards interim maintenance. Aggrieved by the same, the petitioner filed the above Criminal Appeal. The learned I Additional Metropolitan Sessions Judge, Visakhapatnam dismissed the appeal. Hence, 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. Considering the facts and circumstances of the case and in view of the pendency of the DVC, this Court is inclined to modify the order of the trial Court as follows:

1) The petitioner is directed to pay Rs.5,000/- (Rupees Five thousand only) per month to the 1st respondent towards interim maintenance from the date of order of the trial Court and continue to pay the same on or before 10th of every succeeding month till disposal of the above D.V.C;

2) The petitioner is directed to pay the arrears of maintenance, if any, within a period of six months from the date of receipt of a copy of this order.

3) The trial Court is directed to dispose of the above DVC as

early as possible.

5. Accordingly, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

_____________________ JUSTICE RAJA ELANGO Dated: 1.2.2016 Nn

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.317 of 2016 1.2.2016 Nn