THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1601 of 2009 Date:25th September, 2009 Between: Shaik Javeed …Petitioner and 1. Shaik Ashia & Ors. …Respondents *** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Revision Case No.1601 of 2009 JUDGMENT: This Criminal Revision Case is directed against the order dated 17.06.2009 passed in Crl.M.P.No.412 of 2008 in M.C.No.31 of 2007 on the file of the Family Court-cum-IV Additional District and Sessions Court at Vijayawada, whereby and whereunder the learned Additional Sessions Judge sentenced the petitioner herein to undergo imprisonment for 9 months i.e., one month each for each month’s default of payment of maintenance allowance or until payment whichever is earlier. 2. Heard learned counsel appearing for the petitioner and perused the order impugned in the revision. 3. Learned counsel appearing for the petitioner submits that the order passed in M.C.No.31 of 2007 is an ex parte order and an application filed by the petitioner to set aside the ex parte order is pending and pending the said petition, if the petitioner is sent to prison, there is every likelihood of prejudice being caused to him. 4. Admittedly, the order passed in M.C.No.31 of 2007 is not set aside so far. Unless and until the order passed in M.C.No.31 of 2007 is set aside, the petitioner cannot avoid his liability to pay the maintenance. The respondents 1 and 2 herein filed Crl.M.P.No.412 of 2008 for recovery of maintenance as ordered in M.C.No.31 of 2007. Since the petitioner herein failed to pay the arrears of maintenance, the learned Additional Sessions Judge proceeded to sent him to prison to undergo imprisonment for 9 months i.e., one month each for each month’s default of payment of maintenance allowance or until payment, whichever is earlier. The order passed by the learned Additional Sessions Judge is in tune with Section 125(3) Cr.P.C. I do not see any illegality or irregularity in the order impugned in the revision warranting interference of Court in exercise of powers either under Sections 397 or 401 Cr.P.C. 5. Accordingly, the Criminal Revision Case is dismissed at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:25th September, 2009. Cs