CRLRC/3269/2015 of Mohd. Moiz Asif Vs Haleema Khatoon on 31 December 2015

ORDER

The present criminal revision case is directed against theorder dated 16.11.2015 passed in Crl.M.P.No.943 of 2015 inM.C.No.217 of 2015 by the learned Additional MetropolitanSessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case-cum-Additional Family Court, Hyderabad.

2. Heard and perused the material on record.

3. During the pendency of M.C.No.217 of 2015, the firstrespondent being the wife of petitioner filed Crl.M.P.943 of 2015claiming interim maintenance at the rate of Rs.75,000/-per monthto her. The trial Court after considering the monthly earnings ofthe petitioner, granted interim maintenance at the rate ofRs.8,000/-per month to the first respondent from the date of thepetition till disposal of the maintenance case. Aggrieved by thesame, the petitioner filed the present revision.

4. The relationship between the parties is not in dispute. Thetrial Court, after taking the various circumstances intoconsideration, granted the said interim maintenance to the firstrespondent. Apparently, the order impugned is an interim in nature.Therefore, without expressing any opinion on merits of the matter,the trial Court is directed to dispose of M.C.No.217 of 2015 withina period of three months from the date of receipt of a copy of thisorder. Till such time, the petitioner is directed to pay a sum of Rs.4,000/- per month to the first respondent towards interimmaintenance on or before 10[th] of every succeeding month. Thepetitioner is further directed to pay the arrears, if any, to the firstrespondent calculating at the rate fixed by this Court in three equalmonthly installments commencing from the month of February,2015. The payments, if any made, have to be adjustedaccordingly. The trial Court shall dispose of the said M.C. onmerits without being influenced by the observations of this Court.

5. With the above said modification of the impugned order, theCriminal Revision Case is disposed of. Miscellaneous petitions, ifany pending in this revision, shall stand closed.

31[st] December, 2015sj

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JUSTICE RAJA ELANGO