HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No.2165 of 2009 DATE: 23-12-2009 Between: Banda Mallaiah @ Mahesh Petitioner And Smt. Banda Ratnakumari and another respondents HON’BLE SRI JUSTICE B. CHANDRA KUMAR Crl.R.C.No.2165 of 2009 ORDER: This Revision Case has been filed challenging the order, dated 23-09-2008 in Crl.M.P.No.106 of 2009 in M.C.No.172 of 2008 on the file the Judge, Family Court, Ranga Reddy District at L.B. Nagar, Hyderabad. The learned counsel for the petitioner submits that the petitioner has a legally wedded wife and that the first respondent is not his wife. It is also submitted that though the first respondent claims that she has given divorce to her first husband, she did not file any document to prove the same. The main contention of the learned counsel for the petitioner is that under Section 125 of Cr.P.C., only a legally wedded wife is entitled to claim maintenance and that a second wife or a concubine is not entitled to maintenance under the said provision. The impugned order passed by the lower Court is only an interim order. The parties have not adduced any evidence before the trial Court. The conclusions, if any, are only prima facie conclusions, but not final conclusions. Moreover, a reading of the order of the lower Court reveals that the first respondent herein filed a copy of the ration card, wherein her name and the name of the petitioner have been shows as wife and husband, and it also reveals the names of the children of the petitioner and the first respondent. The first respondent has also filed copies of the LIC policy of the petitioner, wherein her name was shown as nominee. She has also filed the marriage photos and the photos showing herself, the petitioner and their children. She has also filed copy of Crime No.177 of 2008, dated 16-06-2008, in which she has shown the petitioner as her husband. In the above circumstances, the order of the lower Court directing the petitioner to pay maintenance amount to the first respondent cannot be said to be illegal or improper. However, the petitioner is directed to pay an amount of Rs.1,500/- per month to the respondent, pending disposal of the Maintenance Case. The lower Court is directed to dispose of the Maintenance Case, on merits, as expeditiously as possible. Subject to the above observation, the Criminal Revision Case is disposed of. __________________ B. CHANDRA KUMAR, J Date: 23-12-2009 YCR