HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5640 OF 2006 Date: 23.10.2009 Between: Vipparthi Ratna Raju ……Petitioner And: Smt Vipparthi Chitti Mariyamma and 3 others ……Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5640 OF 2006 ORDER: This Criminal Petition filed under Section 482 of the Code of Criminal Procedure arises out of maintenance proceedings. The petitioner herein is husband of the 1st respondent and father of the respondents 2 and 3 who are minors. There is no dispute that the respondents 1 to 3 are living separately from the petitioner. While so, the 1st respondent representing herself and her two minor children who are the respondents 2 and 3 filed M.C.No.80 of 2002 against the petitioner under Section 125 of the Code of Criminal Procedure claiming maintenance of Rs.500/- per month to each of them. The II Additional Judicial Magistrate of the First Class, Bheemavaram by the order dated 19.11.2004 dismissed M.C.No.80 of 2002 on the ground that the 1st respondent has no justifiable reasons to live separately from the petitioner. Thereupon, the respondents 1 to 3 filed Criminal Revision Petition No.15 of 2006 in the Sessions Court. The III Additional Sessions Judge (Fast Track Court), Bheemavaram by the order dated 21.07.2006 allowed the same awarding maintenance of Rs.500/- per month to each of them apart from granting costs of Rs.2,000/-. Questioning the said order, this Criminal Petition is filed. Irrespective of merits of the case between the petitioner and the 1st respondent, because of the disputes between them, the two minor children who are the respondents 2 and 3 are suffering for want of maintenance. Admittedly the respondents 2 and 3 are with the 1st respondent and they are not with the petitioner. Therefore, the respondents No.2 and 3 who are minor children are undoubtedly entitled for maintenance from the petitioner at the rate awarded by the Sessions Court. It is contended by the counsel for the petitioners that the Sessions Court passed the impugned order without notice to him. Para 11 of the order of the Sessions Court reads as follows:- “Despite giving sufficient time and sent notice to the respondent under Dis.No.219/4-7-2006, even after four adjournments the respondent did not choose to appear before this Court and advance arguments on his side. I am constrained to dispose of the revision petition as per the material available on record”. It is not known and it is not specified therein whether notice sent to the respondent in C.R.P.No.15 of 2006 was served or un-served. Even if notice to the respondent therein was dispatched on 04.07.2006, the Sessions Court hurried itself and passed the impugned order on 21.07.2006 within 17 days of dispatch of notice. It is not known by which mode the notice was dispatched. Whether it was dispatched through Police or by ordinary post or by Registered post. It is not as if the Sessions Court looked into and verified actual service of notice on the respondent therein. Without doing the same, the Sessions Court erred in pronouncing the order in question allowing the Criminal Revision Petition No.15 of 2006. It is a serious legal error committed by the lower court. In that view of the matter, award of maintenance at the rate of Rs.500/- per month to the 1st respondent/wife is concerned is liable to be set aside and the matter has to be remitted back to the Sessions Court for disposal of the Criminal Revision Petition No.15 of 2006 in so far as claim of the 1st petitioner/wife is concerned after service of notice on the respondent/husband therein. In the result, the Criminal Petition is partly allowed setting aside that portion of the order passed by the III Additional Sessions Judge (Fast Track Court), Bheemavaram in so far as the wife/first respondent herein and directing the III Additional Sessions Judge, Bheemavaram to dispose of the matter afresh to this limited extent after valid service of notice on the husband. This Criminal Petition is dismissed in so far as the respondents 2 and 3 herein is concerned. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date:23.10.2009. Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5640 OF 2006 Date:23.10.2009. Gk.