Telangana High Court
CRLRC/2967/2015 of Kondaparthy Kiran Vs The State of Telangana, on 31 December 2015
SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2967 of 2015 ORDER: 1. This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 3.11.2015 passed in Crl.M.P.No.168 of 2015 in M.C.No.125 of 2013 by the Family Court-cum-III Additional District & Sessions
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.2967 of 2015
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ORDER:
1. This Criminal Revision Case is filed by the petitioner aggrieved bythe order dated 3.11.2015 passed in Crl.M.P.No.168 of 2015 inM.C.No.125 of 2013 by the Family Court-cum-III Additional District &Sessions Judge, Warangal.
2. The 2[nd] respondent, who is the wife of the petitioner, filed theabove M.C. against the petitioner, claiming maintenance ofRs.20,000/- per month. On 27.7.2015, the Family Court allowed theM.C. directing the petitioner herein to pay Rs.6,000/- per month to the2[nd] respondent towards her maintenance from the date of herapplication and to pay a sum of Rs.10,000/- to her towards litigationcharges. Later, the petitioner filed the above Crl.M.P. seeking to setaside the above order dated 27.7.2015 in the above M.C., on theground that it is an ex parte order. As the 2[nd] respondent did notoppose, the Family Court allowed the above Crl.M.P. subject topayment of arrears of maintenance due as on 3.11.2015 on or before26.12.2015. It was observed that in default of payment of arrears asordered, the above Crl.M.P. stands dismissed. Aggrieved by theconditions imposed by the Family Court, the petitioner filed thisrevision.
3. Heard and perused the material available on record.
4. There is no dispute as to the relationship between the parties. Inview of the same, without expressing any opinion on the merits of thecase, this revision case is disposed of modifying the order underrevision as follows:
“ The order dated 27.7.2015 passed in M.C.No.125of 2013 by the Family Court is set aside subject to thecondition of the petitioner depositing 25% of the arrears ofmaintenance due as on 3.11.2015 out of the arrears ofmaintenance awarded by the Family Court vide order dated27.7.2015, within a period of three months from the date ofreceipt of a copy of this order. In default, the order dated27.7.2015 in M.C.No.125 of 2013 shall come intooperation”.
Miscellaneous petitions pending, if any, shall stand closed.
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JUSTICE RAJA ELANGO
Dated: 31[st] December, 2015Nn
Nn
THE HONOURABLE SRI JUSTICE RAJA ELANGO
CRIMINAL REVISION CASE No.2967 of 2015
31.12.2015