THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY CRIMINAL REVISION CASE No :1166 of 2009 ORDER: This Criminal Revision Case is directed against the order, dated 14-05-2009, passed by the X Metropolitan Magistrate, Malkajgiri, Cyberabad in D.V.C.No.34 of 2008, whereby and whereunder the learned Magistrate granted interim maintenance of Rs.4000/- to the wife and the child together. 1st respondent herein is the wife of the petitioner. She filed D.V.C.No.34 of 2008 claiming maintenance to her and her child. She also sought for interim maintenance pending the D.V.C. 2. Learned Magistrate after considering the material brought on record and on hearing the learned counsel appearing for the parties granted interim maintenance @ Rs.4000/- per month to the wife and the child together by order, dated 14-05-2009. The said order is assailed by the petitioner-husband in this revision. 3. On 16-07-2009 while ordering notice to the 1st respondent- wife an interim suspension of the order impugned in this revision came to be granted subject to the petitioner-husband continuing to pay the interim maintenance @ Rs.2000/- per month. The order passed on 16-07-2009 reads as hereunder: “Issue notice to R1. There shall be interim suspension of the impugned order, dated 14-05-2009, in D.V.C.No.34 of 2008 subject to the condition that petitioner shall deposit half of the arrears of maintenance up to date within a period of six weeks from today and also continue to pay interim maintenance at the rate of Rs.2000/- per month to the first respondent on or before 10th of every succeeding month. Post after four weeks”. 4. 1st respondent-wife entered appearance and filed Crl.M.P.No.1994 of 2009 to vacate the interim order, dated 16-07- 2009. When the vacate stay petition came up for consideration, with the consent of the learned counsel appearing for the parties, the main revision itself is taken up for final disposal. 5. Heard learned counsel appearing for the parties. 6. Learned counsel appearing for the petitioner-husband submits that the 1st respondent-wife is in occupation of the house owned by the petitioner-husband and that she has sufficient means to maintain herself and therefore the order impugned in this revision is liable to be set aside. 7. Learned counsel appearing for the 1st respondent-wife submits that the 1st respondent-wife has been promptly paying the instalments to the bank because of her being in occupation of the house and she has no other source of income to maintain herself and her child. 8. Both the parties are required to adduce evidence in support of their respective contentions in the main D.V.C. Indisputably the wife and the child are not with the petitioner-husband. Necessarily some amount is required to the wife and the child to meet their both ends. In the given facts and circumstances, I do not see any valid ground to interfere with the interim maintenance granted by the lower Court. 9. Accordingly, Criminal Revision Case is dismissed at the stage of admission. However, the learned Magistrate shall endeavour to dispose of the main D.V.C. as early as possible, preferably within four weeks from the date of receipt of a copy of this order, subject to the parties extending their cooperation. ____________________________ B.SESHASAYANA REDDY,J 27th August, 2009 Tsy