THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No.10197 OF 2009 ORDER: The petition is filed by the petitioner/respondent challenging the order passed in M.C.No.198 of 2006 on the file of the Additional Metropolitan Sessions Judge-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad. 2. A claim for maintenance was filed by the wife and children of the petitioner and as the petitioner herein did not appear before the lower Court on the date of hearing, he was set ex parte and an ex parte order of maintenance was passed on 11.06.2007. Subsequently, he filed a petition to set aside the ex parte order. That was also dismissed. The petitioner herein has raised several grounds about his non-liability. 3. Evidently, the order being one passed ex parte without giving an opportunity, I feel the ends of justice would meet if the petitioner is permitted to participate by filing a counter and establish his claim. Accordingly, the ex parte order, dated 11.06.2007 is set aside and the petitioner shall appear before the lower court on or before 05.01.2012 and file the counter and thereafter, the lower Court shall dispose of the matter within three months. The petitioner shall continue to pay the amount awarded by the lower Court by its order, dated 11.06.2007, since the amount awarded is only Rs.5,000/- each per month and earning capacity of the petitioner as a Chief Civil Engineer is getting more than Rs.40,000/- per month. Accordingly, the Criminal Petition is disposed of. _______________________________ JUSTICE N.R.L. NAGESWARA RAO Date:22-12-2011 INL