IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE P.SWAROOP REDDY CRIMINAL REVISION CASE NO : 2182 of 2009 (Criminal Revision case under Section:_______ against the Judgement in NO : dated ______ on the file of the Court of the to present this Memorandum of Criminal Revision Case to this Hon'ble Court against the Judgment in M.C. No. 216 of 2008 dated 25th day of November, 2009 on the file of the court of the Additional Metropolitan Sessions Judge for the Trial of Jubilee Hills Car Bomb Blast Case cum Additional Family Court cum XXIII Additional Chief Judge, Hyderabad, preferred against the order in MC 216 2008 dated 25/11/2009 on the file of the Court of the Additional Metropolitan Sessions Judge For Trail of Jubilee Hills Car Bomb Blast Case-Cum-Addl,. Family Court-Cum-XXIII Additional. Chief Judge, CCC, Hyderabad) Between: M.A. Salam S/o. Mohd. Abdul Raheem R/o. H.No. 20-4-329/D, Khilwath, Hyderabad, A.P., Rep. by its GPA Mohammed Abdul Rahman, S/o. Mohammed Abdul Jabbar, Age:58, Occ: Ex-Serviceman. ..... PETITIONER AND 1 Ayesha Slam Taranum D/o. M.A. Salam Smt. Zaheerunnisa, W/o. Late Mirza Basheer Baig, Age:55, Household Wife, R/o. D.No. 16-9-422/9/2/A, Old Malakpet, Hyderabad. 2 Mohammed Abdul Sami S/o. M.A. Salam Smt. Zaheerunnisa, W/o. Late Mirza Basheer Baig, Age:55, Household Wife, R/o. D.No. 16-9-422/9/2/A, Old Malakpet, Hyderabad. 3 The State of Andhra Pradesh Rep. by its Public Prosecutor High Court of Andhra Pradesh, Hyderabad. .....RESPONDENT(S) Counsel for the Petitioner:MR.MD.SALEEM Counsel for the Respondent No.: PUBLIC PROSECUTOR CRIMINAL REVISION CASE NO : 240 of 2010 (Criminal Revision case under Section:_______ against the Judgement in NO : dated ______ on the file of the Court of the to present this memorandum of Crl.R.C., before this Hon'ble Court against the Order passed in M.C.No.216/2008 on the file of the Court of the Hon'ble Addl. Metropolitan Sessions Judge for the trial of JHCBB Case-cum-Addl. Family Court-cum-XXIII Addl. Chief Judge, Hyderabad, dated 25.11.09.,preferred against the order in MC 216 2008 dated 25/11/2009 on the file of the Court of the Additional Metropolitan Sessions Judge For Trail of Jubilee Hills Car Bomb Blast Case-Cum-Addl,. Family Court-Cum-XXIII Additional. Chief Judge,CCC,Hyderabad) Between: 1 Ayesha Salam Taranum, D/o M.S.Salam, 2 Mohammed Abdul Sami, S/o M.A.Salam, both are being minors, rep. by their natural guardian and maternal grand mother Smt.Zaheerunnisa, W/o late Mirza Basheer Baigh, a/a 55 yrs., Occ: Household, R/o 16-9-422/9/2/A, Old Malakpet, Hyderabad. ..... PETITIONER(S) AND 1 M.A.Salam, S/o Mohd. Abdul Raheem, R/o H.No.20-4-329/D, Khilwai, Hyderabad. 2 The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, Hyderabad. .....RESPONDENT(S) Counsel for the Petitioner:MR.RAJA REDDY KONETI Counsel for the Respondent No.: PUBLIC PROSECUTOR PSR, J. Crl.R.C.Nos. 2182 of 2009 & 240 of 2010 Common Judgment Heard the leaned counsel appearing for the parties in both the revisions. The parties herein would be referred to as they are arrayed before the trial court. The learned counsel for the petitioners submits that as most of the contentions in the M.C., are not in dispute, no counter is filed and the learned trial Judge had accordingly granted maintenance under the order impugned. 2. Learned counsel appearing for the respondent (father of the petitioners) submits that his mother-in-law, who filed M.C.No. 216 of 2008, on behalf of minor petitioners, is not at all the guardian and as such the maintenance case is not maintainable. It is also submitted that the respondent filed O.P., for guardianship of the children; he is always ready and willing to take the children into his company and to take them to Kingdom of Saudi Arabia; he has taken Passports for them and even he took admission for them in the schools there. 3. In the above circumstances, the best thing would be to remit the matter to the trial court for fresh disposal since – Crl.R.C.No. 2182 of 2009 is filed by the respondent questioning the grant of maintenance and Crl.R.C.No. 240 of 2010 is filed by the petitioners, questioning the quantum of maintenance arise out of the order passed in M.C.No.216 of 2010 dated: 25.11.2009. 4. In the result both the revision cases are allowed and the order impugned in both the revisions is set aside. Accordingly M.C.No. 216 of 2008, is remitted to the court below for disposal afresh, by giving appropriate opportunity to both sides. Till the final disposal of the maintenance case, the amount of Rs.2,800-00 (Rs. Twenty eight thousands only) granted as monthly maintenance to the petitioners shall be paid as interim maintenance from the date of disposal of M.C.No. 216 of 2008 i.e., 25.11.2009. The arrears from November, 2009, shall be paid within four months from today by way depositing the same into the Savings Bank Account of the petitioners, which shall be furnished by the learned counsel appearing for the petitioners, to the learned counsel for the respondent. No costs. _______________________ P. SWAROOP REDDY, J. Dated: 12—03—2010. *BVS