THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 1214 of 2009 Date: 29.10.2009 Between: Nakkaraboina Srinivas. .. PetitionerRespondent Nakkaboina Krishnaveni and others. .. Respondents/Petitioners THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 1214 of 2009 Judgment: This revision is directed against the orders dated 07.07.2009 passed by the Judge, Family Court, Warangal, in Crl. M.P. No.279 of 2008 in M.C. No.69 of 2007, whereby and whereunder the petitioner herein was directed to deposit an amount of Rs.10,000/- before the Family Court on or before 15.07.2009 for setting aside the ex parte order dated 03.12.2008 passed against him in M.C. No.69 of 2007. As seen from the records, the first respondent herein is the wife of the petitioner, and the second respondent, who is aged about 8 years, is their daughter and the third respondent, who is aged about 6 years, is their son. They filed M.C. No.69 of 2007 claiming maintenance. It appears that the petitioner herein, though served with notice, did not appear before the lower Court. Accordingly, he was set ex parte, and basing on the affidavit filed by the first respondent herein, an ex parte order was passed on 03.12.2008 in M.C. No.69 of 2007. In her affidavit, the wife of the petitioner i.e., the first respondent herein stated that the petitioner is having income of Rs.20,000/- per month from milk business, STD Booth, money lending etc., and that he has neglected and refused to maintain respondents 1 to 3. Considering the evidence on record, the lower Court directed the petitioner herein (respondent in M.C. No.69 of 2007) to pay maintenance of Rs.2,000/- per month each to respondents 1 to 3 from the date of filing of the M.C. i.e., from 26.07.2007 and allowing him to pay the arrears in equal instalments along with remittance of monthly allowances by 10th of every succeeding month to the first respondent herein directly or to deposit in her account. Then the petitioner herein filed Crl.M.P. No.279 of 2008, under Section 126(2) Cr.P.C., praying to set aside the ex parte order dated 03.12.2008. His main contention was that as he was suffering from viral fever and bed ridden, he could not attend before the Court on 03.12.2008. The lower Court, considering the facts and circumstances of the case, directed the petitioner herein to deposit a sum of Rs.10,000/- towards maintenance on or before 15.07.2009 for setting aside the ex parte order dated 03.12.2008 in M.C. No.69 of 2007. Challenging the same, this revision has been filed. Learned counsel for the petitioner submitt6ed that the lower Court, without considering the facts and circumstances, directed the petitioner to deposit Rs.10,000/- towards maintenance and that the same is illegal. The only point that arises for consideration is whether the impugned order is liable to be set aside. Admittedly, the first respondent is the wife of the petitioner and the second respondent, aged about 8 yeas, is their daughter and the third respondent, aged about 6 years, is their son. As seen from the record, the respondents herein filed M.C. No.69 of 2007 on 26.07.2007. The petitioner was earlier set ex parte on 21.11.2007 and on his application, the said ex parte order was set aside on 25.02.2008 and the petitioner filed his counter. Thereafter, the petitioner again remained ex parte and an ex parte order was passed on 03.12.2008 in the M.C. The only contention advanced by the learned counsel for the petitioner is that though the petitioner pleaded that as he was suffering from viral fever and bed ridden he could not attend before the Court, the same was not taken into consideration by the Court below and that the Court below ought to have given reasonable opportunity to the petitioner. In the circumstances, the impugned order dated 07.07.2009 in Crl.M.P. No.279 of 2008 in M.C. No.69 of 2007 is set aside on condition of the petitioner depositing Rs.5,000/- (Rupees Five Thousand only) within a period of one week from today. Since the order in Crl.M.P. No.279 of 2008 in M.C. No.69 of2007 is set aside, it is made clear that the order passed in M.C. No.69 of 2007, dated 03.12.2008 would be in force. However, in the circumstances, to give an opportunity to the petitioner to contest the matter on merits, the ex parte order dated 03.12.2008 passed in M.C. No.69 of 2007 is also set aside, however, on condition that the petitioner shall continue to pay an amount of Rs.1,000/- each to respondents 1 to 3 every month on or before 10th day of every succeeding month and also to pay 1/4th of the arrears of maintenance amount within a period of 60 days from today. The lower Court is directed to dispose of the M.C. as early as possible. Accordingly, the Criminal Revision Case is allowed. ______________________ B. CHANDRA KUMAR, J. Date: 29.10.2009 Nsr