HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL REVISION CASE No.627 OF 2010 ORDER: Aggrieved of the order dated 05-03-2010 in Criminal M.P. No.307 of 2010, a petition under Section 126(2) Cr.P.C., in M.C. No.5 of 2009 passed by the learned IV Additional Judicial Magistrate of First Class, Kakinada, this Criminal Revision Case is filed. 2. Heard. 3. Petitioners herein – Chelikani Amuktha Rajyalakshmi and Chelikani Busura Sarvajahn are wife and son of respondent No.1 herein – Chelikani Dr. Pardhasaradhi. 4. For the sake of convenience, the revision petitioners are referred to as ‘wife’ and ‘son’ respectively and respondent No.1 as ‘husband'. 5. On the impugned petition filed by the husband, the learned Magistrate allowed the same vide order dated 05-03-2010 setting aside the ex parte order of maintenance granted to the wife and the son vide order dated 01-10-2009 in M.C. No.5 of 2009. 6. The learned Magistrate after elaborately discussing the position, allowed the impugned petition holding that no prejudice would be caused to the wife and the son, if the ex parte order of maintenance is set aside. 7. The maintenance case is of 2009. It is not as if there is abnormal delay in disposal of the maintenance case or that the impugned petition for setting aside the ex parte order in the maintenance case was filed with huge delay. 8. In the circumstances, it is desirable that an opportunity should be given to the husband to contest the maintenance case on merits and as observed by the learned Magistrate it would not cause any prejudice to the wife and the son. 9. Thus, I see no merits in this revision and the same is liable to be dismissed. 10. However, considering the circumstances of the case, it is directed that the husband shall file his counter in the maintenance case within a period of two (2) months from today and he shall pay interim maintenance to his wife and son at Rs.10,000/- (Rupees ten thousand only) per month i.e. Rs.5,000/- per head per month till disposal of the maintenance case. If the husband commits any default in filing the counter within two months from today or even in paying the interim maintenance, as directed above, the proceedings in the maintenance case shall be terminated at that stage (of default) and the petitioners in the maintenance case i.e., wife and son are entitled to maintenance at the rate to be decided by the learned Magistrate on the basis of the material then available, which shall not be less than the interim maintenance now granted i.e., at the rate o Rs.5,000/- per head per month. It is clarified that the maintenance to be finally granted after full trial shall be as decided by the trial Court and the quantum of interim maintenance now ordered shall not have any impact on that. 11. With the above directions, the Criminal Revision Case is dismissed at the admission stage itself. The trial Court shall dispose of the maintenance case afresh within six (6) months from today. 12. It is further directed that the revision petitioners (wife and son) shall serve a copy of this order on respondent No.1 (husband) and his counsel in the trial Court within two (2) weeks from today to enable them to know the conditions imposed in this order. 13. In case, interim maintenance is not paid by 20th of every calendar month from April, 2010 onwards, it shall be treated as default. For the months of March and April 2010, the interim maintenance shall be paid by 20-04-2010. The revision petitioners shall furnish their savings bank account number into which respondent No.1 shall deposit the interim maintenance. __________________ P. SWAROOP REDDY, J March 29, 2010. NOTE: Communicate the order to the trial Court forthwith. (B/O) PV