THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.11351 of 2010 DATED: 15-11-2010 ORDER: This Criminal Petition is filed by the petitioners, under Section 482 Cr.P.C., seeking to quash the order, dated 06-10-2010, in D.V.C.No.3 of 2010 on the file of the VI Additional Judicial Magistrate of First Class, Warangal. 2. The grievance of the petitioners is that the learned Magistrate passed an ex parte order granting monthly maintenance of Rs.10,000/- to the 1st respondent herein. 3. Learned counsel for the petitioners submits that the 1st petitioner should be given an opportunity to defend himself. He further submits that the learned Magistrate erred in passing the impugned order, without giving any opportunity to the 1st petitioner, and therefore the said order is liable to be set aside. 4. Having regard to the facts and circumstances of the case, this Court is of the view that the 1st petitioner, husband of the 1st respondent, may be given an opportunity to defend himself before the learned Magistrate and seek to set aside the impugned order or to modify the same. Accordingly, 1st petitioner is directed to file a petition before the concerned Magistrate to set aside the impugned order and on filing such a petition, the learned Magistrate is directed to consider the same in accordance with law. Till the disposal of the said petition, 1st petitioner is directed to pay a sum of Rs.4000/- ( rupees four thousand only) as maintenance to the 1st respondent. Insofar as the petitioners 2 and 3 herein are concerned, their presence before the trial Court is dispensed with except the dates on which the learned Magistrate insists for their presence. 5. Accordingly, Criminal Petition is disposed of. _____________ RAJA ELANGO, J 15th November, 2010. Tsy