THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No.866 OF 2011 DATED:28.07.2011 ORDER: This Criminal Revision Case is directed against the order, dated 01.12.2010, in Crl.M.P.No.3052 of 2010 in Crl.M.P.No.1469 of 2010 in M.C.No.26 of 2009 on the file of the learned I Additional Judicial Magistrate of First Class, Tenali, Guntur District, filed by the petitioner herein for setting aside the ex parte order, dated 30.08.2010, in M.C.No.26 of 2009, was dismissed for default. 2. Heard both sides. Perused the records. 3. 1st respondent herein filed M.C.No.26 of 2009 against the petitioner claiming maintenance of Rs.20,000/- per month. It is not disputed that the petitioner is working in Railways and drawing salary of Rs.28,000/- per month. According to the petitioner, he entered appearance through an advocate but the said advocate did not attend the Court on further adjournments and the petitioner suspects that his counsel might have colluded with the 1st respondent. As the petitioner did not appear and there was no representation on his behalf, ex parte order was passed in M.C.No.26 of 2009 on 30.08.2010, granting maintenance of Rs.15,000/- per month. Petitioner filed Crl.M.P.No.3052 of 2010 for setting aside the said ex parte order. The said application was also dismissed for default on 01.12.2010. It is stated that the petitioner has filed his counter contesting the Maintenance Case along with Crl.M.P.No.3052 of 2010. 4. In the circumstances, it is considered that the petitioner cannot be penalized for the lapse, if any, on the part of his counsel and therefore an opportunity can be given to the petitioner to contest the Maintenance Case, however, subject to the condition that the petitioner shall deposit 50% of the arrears upto date, as ordered by the trial Court, and also continues to pay the maintenance @ Rs.7500/- (rupees seven thousand five hundred only) per month to the 1st respondent before the 10th day of every succeeding month. The arrears of maintenance shall be deposited within a period of eight weeks from the date of receipt of a copy of this order. In the event of default in payment of the arrears or the interim maintenance, petitioner’s right to contest the Maintenance Case shall stand forfeited. 5. In the result, Criminal Revision Case is disposed of. _______________________ G.V.SEETHAPATHY, J 28th July, 2011. Tsy