HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2436 of 2011 ORDER : 1 Challenging the order dated 21.11.2011 passed in Crl.M.P.No.703 of 2011 in M.C.No.232 of 2005 by the learned Additional Metropolitan Sessions Judge for trial of Jubilee Hills Car Bomb Blast Case – cum – Additional Family Court - cum – XXIII Additional Chief Judge at Nampally, Hyderabad, whereby the learned Judge directed both parties to file calculation memo as per the orders of this Court in Crl.R.C.No.172 of 2007 dated 01.04.2011 where under this Court enhanced the maintenance to Rs.5,000/- p.m. from Rs.3,500/- p.m. to the respondents herein. 2 Now the dispute between the parties is that as per the earlier order of the court below, the petitioner has to pay an amount of Rs.3,500/- p.m. to the respondents towards their maintenance and in the said Rs.3,500/- the petitioner is directed to deduct Rs.2,000/- which the first respondent – wife is receiving towards rents and hence the petitioner has to pay Rs.1,500/- p.m. only to the respondents towards maintenance. 3 The contention of the learned counsel for the respondent is that though initially the trial court directed the petitioner to deduct Rs.2,000/- from out of the maintenance amount payable to the respondents, as the first respondent i.e. wife is getting Rs.2,000/- towards rent, but now the wife is not receiving any rents from the house. Hence he argued that the maintenance should be paid as per the orders passed by this Court i.e. at Rs.5,000/- p.m. 4 On the other hand, the learned counsel for the petitioner submitted that the respondent is continuing to receive the rents at Rs.2,000/- p.m. and hence the petitioner has to pay only Rs.3,000/- as maintenance. 5 This court is not aware whether the contentions raised by the petitioner or the respondents are correct. Hence the court below is directed to decide the issue whether the wife is receiving Rs.2,000/- towards rents within a period of two months by conducting an enquiry. If the court below decides that the wife is not receiving Rs.2,000/- towards rents, the husband – petitioner is directed to pay Rs.5,000/- to the respondents towards maintenance. If it is decided by the court below that the wife is receiving Rs.2,000/- towards rents, the husband – petitioner is directed to pay Rs.3,000/- to the respondents towards maintenance. 6 With the above observations, this Criminal Revision Case is disposed of. _________________________ JUSTICE RAJA ELANGO Date: 12.12.2011 Kvsn