HON’BLE SRI JUSTICE B. SESHASAYANA REDDY CRIMINAL REVISION CASE NO.1615 F 2010 Date: 19-11-2010 Between: P. Sujay Reddy. - - - Petitioner/Accused/ Appellant. Versus Smt. I. Prashanthi and The State of A.P., Rep. by its Public Prosecutor, High Court of A.P., Hyderabad. - - - Respondents/ Respondents. This Court made the following : HON’BLE SRI JUSTICE B. SESHASAYANA REDDY CRIMINAL REVISION CASE NO.1615 OF 2010 ORDER: This Criminal Revision Case is directed against the order in Crl.M.P. No.3353 of 2009 in Domestic Violence Case No.2 of 2009 on the file of IX Additional Chief Metropolitan Magistrate (Hereinafter referred to as ‘the learned Magistrate’) Hyderabad, whereby and where under the learned Magistrate granted interim maintenance of Rs.5,000/- per month to the Respondent/wife. The background facts leading to filing of the Criminal Revision Case by the Petitioner/husband in nutshell is as follows : The petitioner and the respondent are husband wife. They got married on 25-11-2007. Some disputes cropped up between the parties and thereby their matrimonial life came to be disrupted which ultimately lead to initiation of certain criminal proceedings. The wife filed D.V.C. No.2 of 2009 under Section 12 of Protection of Women from Domestic Violence Act. She also moved Crl.M.P.3353 of 2009 under Section 23 of the Domestic Violence Act, seeking for interim protection. She sought for interim maintenance at the rate of Rs.35,000/- per month apart from Rs.10,000/- towards legal expenses. The learned Magistrate, on considering the material brought on record and on hearing the counsel appearing for the parties, came to the conclusion that the wife is entitled to Rs.5,000/- towards interim maintenance and accordingly, he directed the husband to pay Rs.5,000/- per month as interim maintenance pending disposal of D.V.C. No.2 of 2009. The husband carried the matter in Appeal to the V Additional Metropolitan Sessions Judge, (Mahila Court) at Hyderabad (Hereinafter referred to as ‘the learned Sessions Judge’). The learned Sessions Judge, on reappraisal of the material brought on record, did not find any reason to interfere with the order passed by the trial Court and accordingly dismissed the Appeal by Judgment dated 28-07-2010. Hence, this Revision by the husband. Heard the learned counsel appearing for the parties. The learned counsel appearing for the petitioner submits that the wife filed Maintenance Case No.324 of 2008 for grant of maintenance and the said M.C. is dismissed for default, as she did not pursue the same and that itself indicates that she does not want to claim maintenance from the petitioner/husband. In which case, an order granting interim maintenance by the trial Court in Crl.M.P.3353 of 2009 as confirmed by the Appellate Court in Crl.A. No.133 of 2010 is liable to be set aside. A further submission has been made that the quantum of amount fixed by the trial Court as confirmed by the Appellate Court is on higher side and the same is required to be reduced. Learned Counsel appearing for the respondent-wife supports the order impugned in the Criminal Appeal. Indisputably the petitioner/husband is working as Assistant General Manager in Indian Overseas Bank, Ahmedabad. The trial Court referred the salary slip of the petitioner/husband for the month of July, 2009. As to the salary slip, the petitioner-husband is getting Rs.20,374/- as gross salary and Rs.12,407/- as net salary. Such is the material available on record, the quantum of amount fixed by the trial Court as confirmed by the Appellate Court cannot be said to be on higher side. Accordingly, the Criminal Revision Case is dismissed at the stage of admission. However, the learned IX Additional Chief Metropolitan Magistrate, Hyderabad, is hereby directed to dispose of D.V.C. No.2 of 2009, as expeditiously as possible, preferably within a period of 60 days from the date of receipt of a copy of this Order. _________________________ B. SESHASAYANA REDDY, J Date: 19-11-2010.