THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1833 of 2010 Date:27th December, 2010 Between: G.Srinivas Rao …Petitioner and 1. Smt.G.Sridevi & Anr. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1833 of 2010 ORDER: This Criminal Revision Case is directed against the order dated 25.08.2010 passed in Crl.M.P.No.12 of 2010 in M.C.No.209 of 2009 on the file of the Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, whereby and whereunder the learned Judge of the Family Court granted interim maintenance at the rate of Rs.3,000/- p.m. to the wife and at the rate of Rs.1,500/- p.m. each to the two children. 2. The petitioner is the husband and the 1st respondent is the wife. They got married on 22.05.2002 as per Hindu rites and customs at P. & T. Colony, Near Sun City, Hythershakot, Hyderabad. One son and one daughter were born to them out of the wedlock, more precisely, son by name Harshavardhan Rao was born on 18.10.2003 and the daughter by name G.Rani was born on 11.07.2007. Some disputes cropped-up between them and they fell apart. The disputes between them leading to the wife filing of M.C. and initiation of criminal proceedings against the husband. The wife and the two children filed M.C.No.209 of 2009 on the file of the Family Court, Ranga Reddy District at L.B.Nagar, Hyderabad, claiming maintenance at the rate of Rs.3,000/- each p.m. They also moved I.A.No.12 of 2010 in M.C.No.209 of 2009 under Section 125(3) Cr.P.C. claiming interim maintenance. Wife filed affidavit in support of I.A.No.12 of 2010. She pleaded in the affidavit that the husband is a government employee getting Rs.15,000/- as salary per month and whereas she has no source of income to maintain herself and her two children and therefore, sought for interim maintenance. The husband filed counter resisting the application on the ground that his take home salary is only Rs.9,990/- and he spent lot of money for securing sureties in the criminal case filed against him by the wife. The learned Judge of the Family Court, after hearing the counsel appearing for the parties and on considering the material brought on record, came to the conclusion that the wife and the children are entitled to claim interim maintenance and accordingly, allowed their application by granting Rs.3,000/- p.m. to the wife and Rs.1,500/- p.m. each to the two children, by order dated 25.08.2010. The said order is assailed in this revision. 3. Heard learned counsel appearing for the petitioner/husband and learned counsel appearing for the 1st respondent/wife. 4. Learned counsel appearing for the petitioner/husband submits that the 1st respondent/wife is capable of maintaining herself and also her two children and therefore, the order passed by the trial Court granting interim maintenance to the wife and children are liable to be set aside. 5. Learned counsel appearing for the 1st respondent/wife supported the order impugned in the revision. 6. The relationship between the parties is not in dispute. The children are in the custody of the wife. There is no proof placed on record by the petitioner/husband that the wife has her own income. The petitioner/husband admits of his getting Rs.10,000/- p.m. net salary. In that view of the matter, the order of the learned Judge of the Family Court granting interim maintenance at the rate of Rs.3,000/- p.m. to the wife and at the rate of Rs.1,500/- p.m. to the two children cannot be said to be on high side. I do not see any illegality or irregularity in the order impugned in the revision warranting interference of this Court in exercise of powers under Section 397 or 401 Cr.P.C. 7. Accordingly, the Criminal Revision Case is dismissed at the admission stage. However, the trial Court is directed to dispose of the M.C., as expeditiously as possible, preferably within three months from the date of receipt of a copy of this Order. ______________________ B.SESHASAYANA REDDY, J. Date:27th December, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1833 of 2010 Date:27th December, 2010