THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR Criminal Revision Case No. 1867 of 2009 Date: 09-11-2009 Between: Syed Viquar Hussain @ Sameer Hussain, S/o.Syed Jafar Hussain, Aged 27 Years, Business,R/o.H.No.1-7-138/2, S.R.K. Nagar, Zamistanpur, Musheerabad, Secunderabad. - - - Petitioner And Smt. Saleha Begum, W/o.Syed Viquar Hussain, D/o.Mohd. Jamal, Aged 24 Years, Housewife, R/o.H.No.9-4-138/38/1, Grammar Colony, Tolichowki, Hyderabad, and three others.. - - - Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.1867 OF 2009 ORDER: This Revision is directed against the order passed in M.P. No.889 of 2009 in M.C. No.293 of 2007 passed by the Additional Metropolitan Sessions Judge for the trial of J.H.C.B.B.C.-cum-Additional Family Court-cum-XXIII Additional Chief Judge, Hyderabad. As seen from the record, the petitioner herein was set exparte on 10-04-2008. The lower Court passed orders directing the petitioner herein to pay Rs.3,000/- (Rupees three thousand only) to each of the Respondent No.1, 3 and 4 (total comes to Rs.9,000/-) from 10-04-2008. The petitioner filed M.P. No.889 of 2009 praying to set aside the exparte order. The lower Court having observed that the petitioner made appearance in M.P.No.929 of 2008 and contesting the matter, ordered that in the interest of justice, the petition shall be allowed on payment of half of the total arrears of the maintenance ordered by the said Court in M.C. No.293 of 2007 on or before 15th September, 2009 failing which the petition stands dismissed. The learned counsel for the petitioner submits that the petitioner has paid Rs.35,000/- (Rupees thirty five thousand only) on 20-11-2008, Rs.10,000/- (Rupees ten thousand only) on 20-01-2008, Rs.3,000/- (Rupees three thousand only) on 15-05-2008 and another Rs.3,000/- (Rupees three thousand only) on 26-06-2009, Rs.5,000/- (Rupees five thousand only) on 13- 07-2009 and Rs.10,000/- (Rupees ten thousand only) on 21-07-2009, total comes to Rs.66,000/- (Rupees sixty six thousand only) and that the amounts paid by him may be taken into consideration and that the petitioner may be given an opportunity to contest the main M.C. It is not clear whether the petitioner has informed the above referred payments made to the first respondent before the Court. However since the lower Court directed the petitioner to pay half of total arrears of maintenance on or before 15-09-2009 and since the time granted by the lower Court is also expired, I consider just and reasonable to pass order as follows : In the circumstances, the impugned order is modified as follows: The M.P. No.889 of 2009 in M.C. No.293 of 2007 shall be allowed on payment of half of the total arrears of maintenance ordered by the lower Court on or before 23-11-2009 failing which, the petition stands dismissed. All the payments as claimed by the petitioner if any shall be verified with the first respondent and the admitted due amount shall be paid before 23-11-2009. Subject to the said observations, the Revision Case is disposed of. ____________________ B. CHANDRA KUMAR, J Date: 09-11-2009. DSH Note: C.C. by 10-11-2009.