THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION NO.6077 OF 2011 DATE: 22-07-2011 Between: Shaik Yousuf …..Petitioner And S.Rasheeda Begum and another …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION NO.6077 OF 2011 ORDER: Heard the learned counsel for petitioner and the learned Additional Public Prosecutor. 2. Petitioner herein is the husband and he is a Mohammedan. He filed this petition under Section 482 of Code of Criminal Procedure, 1973 (for short, Cr.P.C.), for quashing a maintenance order dated 19-4-1993 granted in M.C.No.24 of 1992 under Section 125 Cr.P.C. by the Additional Judicial Magistrate of First Class, Kadiri, Anantapur District in favour of his wife (petitioner). By that order, the learned Magistrate granted a sum of Rs.150/- per month as maintenance. 3. The plea of the petitioner is that subsequently the wife went on filing petitions for enhancing the maintenance and the amounts were enhanced and the latest petition for enhancement of maintenance has been filed in 2011 wherein notice has been issued to him. In that latest petition, it is seen that no order has been passed even according to the learned counsel for petitioner. This is, in my opinion, sufficient to dismiss the petition because of the delay in questioning an order passed in 1993. 4. The learned counsel for petitioner however pointed out that the petitioner who is a Mohammedan has divorced his wife on 10-5- 1993. The plea of the petitioner is that after divorce he has paid every amount due to his wife and that the maintenance order cannot be allowed to stand. It is not known why the petitioner has not approached the learned Magistrate for seeking cancellation of the maintenance order. These are all matters which can be agitated before the learned Magistrate by filing appropriate applications seeking to set aside the maintenance order and the subsequent maintenance orders, if he is otherwise entitled to for such reliefs. In these circumstances, it follows that this petition cannot be entertained. 5. Accordingly, this petition is dismissed at the admission stage. _______________________ N. RAVI SHANKAR, J. 22nd July, 2011. TJMR THE HON’BLE SRI JUSTICE N. RAVI SHANKAR CRIMINAL PETITION NO.6077 OF 2011 Date: 22-7-2011