HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HON’BLE SRI JUSTICE V.ESWARAIAH AND THE HON’BLE SRI JUSTICE G.KRISHNA MOHAN REDDY CRL. R.C. NO. 1306 OF 2011 Monday, the Twenty Ninth day of August, Two Thousand and Eleven Between K.Naresh Kumar Petitioner AND Smt. K.Gouri Laxmi and others Respondents THE COURT MADE THE FOLLOWING: ORDER: (per the Hon’ble Sri Justice V.Eswaraiah) The petitioner is the husband of the first respondent and father of the second respondent. The respondents 1 and 2 filed M.C. No.310 of 2009 before the Addl. Metropolitan Session Judge for the trial of JHCBBC-cum- Addl. Family Court, Hyderabad, claiming monthly maintenance at the rate of Rs.10,000/- for the wife and Rs.5,000/- for the son, under Sec.125 Cr. P.C. They also claimed payment of the said sum towards interim maintenance filing application in which it is contended that the petitioner herein is working as Assistant Manager in Karvy Consultancy Limited and drawing more than Rs.40,000/- per month, but he has neglected to maintain them. It is stated that the first respondent filed a complaint against the petitioner for demanding additional dowry, which is the subject matter of Cr. No.784 of 2005 of Afzulgunj Police Station. The petitioner herein filed counter stating that he never subjected his wife to cruelty and never demanded additional dowry and a false case was registered against him, in which the police filed charge sheet before the learned XIII Addl. Chief Judicial Magistrate, Hyderabad, which was numbered as CC No.406 of 2006 and after trial, he was acquitted by judgment dated 11.2.2011. It is further stated that he is drawing monthly salary of Rs.9,029/- and not Rs.40,000/- as alleged. It is also stated that during the pendency of the O.P. filed by him (in OP No. 674 of 2008) on the file of the Family Court, Rangareddy, he was paying interim maintenance at the rate of Rs.3,000/- per month from 2005 onwards till the disposal of the O.P. The learned Additional Family Court, Hyderabad, by the impugned order dated 19.5.2011 in MP No. 158 of 2011 in M.C. No.310 of 2009, held that no material had been placed by the respondents 1 and 2 to prove that the salary of the petitioner herein happened to be more than Rs.9,029/- and in fact the petitioner herein also had not filed salary certificate. It is further observed that the avocation of the petitioner and his salary have to be established in the main case. In the facts and circumstances of the case taking into account the minimum needs of the respondents, the court below awarded a sum ofRs.4,000/- to the first respondent and Rs.1,000/- to the second respondent payable from 1.3.2011. Aggrieved by the same, the husband filed the present Revision Case before this court. This Court by order dated 22.06.2011 granted interim stay subject to the condition of the petitioner paying half of the amount granted by the trial court. Both the parties appeared before and no additional material has been placed before this court with regard to the exact quantum of salary of the husband. However, it is for the parties to adduce oral and documentary evidence before the court below. Without adverting to merits of the case and as the wife – first respondent is not inclined to join the petitioner – husband, we are of the opinion that it is just and proper to direct the petitioner – husband to pay interim maintenance of Rs.3,000/- for the wife – first respondent and Rs.1,000/- for the minor son – second respondent from 1.3.2011. The Criminal Revision Case is accordingly disposed of directing the petitioner - husband to pay monthly maintenance of Rs.4,000/- i.e. @ Rs.3,000/- for the first respondent and Rs.1,000/- for the second respondent from 1.3.2011 onwards. The court below is directed to dispose of the M.C. as early as possible, if not already disposed of, after affording necessary opportunity to both the parties. ___________________ Justice V.Eswaraiah ______________________________ Justice G.Krishna Mohan Reddy August 29, 2011 MAS