HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:165 OF 2011 JUDGMENT: The respondents, who are the wife and child of the petitioner herein, filed FCMC No.4 of 2010 before the Judge, Family Court, Srikakulam, under Section 125 Cr.P.C., claiming maintenance from the petitioner herein. In the said maintenance, they filed Crl.M.P.No.151 of 2010 seeking interim maintenance at the rate of Rs.7,000/- and Rs.3,000/- per month respectively. By order dated 21.12.2010, the Court below having taken the salary certificate of the petitioner into consideration awarded interim maintenance at the rate of Rs.5,000/- to the wife and Rs.2,000/- to the child. The same is questioned by the petitioner-husband. Sri Guduri Nageswara Rao, learned Counsel for the petitioner submitted that the order under revision was passed without giving any opportunity to the petitioner to file his counter. According to him, though the said salary certificate is true, after deductions, the petitioner is getting only Rs.14,000/- per month and he has to look after his aged mother. Even the said contention of the learned Counsel for the petitioner that the petitioner is getting net salary of Rs.14,000/- per month excluding the allowances is accepted, still this Court is of the view that the petitioner has duty to maintain his wife and child. As it is only the interim maintenance during the pendency of the main case, it cannot be said that the same is excessive. However, in the facts and circumstances of the case, the petitioner is directed to deposit an amount of Rs.5,000/- towards interim maintenance to both the respondents i.e., wife and child put together. With the above observations, the Criminal Revision Case is disposed of. __________________________ Justice Gopala Krishna Tamada Dated: 1.4.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:165 OF 2011 1.4.2011