THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.799 OF 2009 11th August, 2009. Between: Ch.Sriphani Krishna .. petitioner And Smt.Bharati Jya Lakshmi .. respondents THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.799 OF 2009 O R D E R: This Criminal Revision Case is directed against the order dated 7.4.2009 passed in I.A.No.157 of 2009 in O.P.No.674 of 2008 on the file of Judge, Additional Family Court, Visakhapatnam, whereby and where under the learned Judge of the Family Court granted interim maintenance to the wife @ Rs.20,000/- and child @ Rs.5,000/- per month from the date of filing of the petition. The petitioner and the 1st respondent are husband and wife and whereas 2nd respondent is their child. There is no dispute with regard to the marriage between the parties and the birth of the child out of the wedlock. The wife and the child who are R1 and R2 herein filed O.P.No.674 of 2008 claiming maintenance @ Rs.3,000/- each. They also moved I.A.No.157 of 2009 u/s 125(3) Cr.P.C seeking interim maintenance @ Rs.20,000/- each. The husband filed counter resisting the application. It is the plea of the husband that wife is gainfully employed and therefore she is capable of maintaining herself. Neither party choose to adduce evidence, either ocular or documentary, before the trial court. On considering the material brought on record and on hearing the parties, the learned Judge of the Family Court allowed the application filed by wife and the child granting interim maintenance @ Rs.20,000/- to the wife and Rs.5,000/- to the child per month from the date of filing of the petition by an order dated 7.4.2009. The said order is assailed in this petition. Notice before admission has been ordered on 4.6.2009. In response R1 and R2 entered appearance through a counsel. Heard learned counsel appearing for the parties. The principal contention of the learned counsel appearing for the petitioner-husband is that the wife and child sought for maintenance @ Rs.3,000/- per month and therefore the learned Judge, Family Court, Visakhapatnam ought not to have granted any amount more than what they sought for in the O.P. towards interim maintenance. A further submission has been made that the wife is gainfully employed and therefore she is not entitled to claim any maintenance. Learned counsel appearing for the respondents supported the order in the revision. It is evident from record that the wife and child who are R1 and R2 herein filed O.P.No.674 of 2008 claiming maintenance @ Rs.3,000/- each. Such is the case any interim maintenance shall not be more than what they sought for in the O.P. Accordingly, this revision is partly allowed and the quantum of amount allowed by the learned Judge, Family Court, Visakhapatnam towards interim maintenance is reduced to Rs.3,000/- each to wife and child. Arrears, if any, shall be paid within three months from today. The trial court is directed to dispose of the O.P.674 of 2008 as expeditiously as possible preferably within three months from the date of receipt of a copy of this order 11th August, 2009. (B.Seshasayana Reddy,J) tnb THE HONOURABLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE NO.799 OF 2009 11-08-2009.