THE HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRIMINAL REVISION CASE No.414 OF 2011 DATED:07.07.2011 ORDER: This Criminal Revision Case is directed against the order, dated 03.12.2010, in M.C.No.13 of 2009 on the file of the learned Judicial Magistrate of First Class, Jaggaiahpeta, wherein the said petition filed by the petitioners herein seeking maintenance under Section 125 Cr.P.C., was dismissed for default. 2. Heard learned counsel for the petitioner herein. None appeared for the respondents though served with notices. Perused the records. 3. 1st petitioner herein is the wife and the petitioners 2 to 4 are the children of the 1st respondent. Petitioners filed M.C.No.13 of 2009 seeking maintenance of Rs.1500/- per month to the 1st petitioner and Rs.1500/- per month to the petitioners 2 to 4. It is stated that interim maintenance was also granted by the learned Magistrate. When the matter was coming up for enquiry, it appears that the petitioner was absent on 03.12.2010 and the Maintenance Case came to be dismissed for default. 4. Learned counsel for the petitioners would submit that the 1st petitioner is an agricultural coolie and having gone for coolie work to eke out her livelihood, she could not attend the Court on that day and her absence was not wilful or intentional. 5. In the circumstances, having regard to the fact that the 1st petitioner was absent only on one occasion and that the claim is one for maintenance of the 1st petitioner and three minor children, it is considered that an opportunity be given to the petitioners to have the Maintenance Case disposed of on merits. In the circumstances, the impugned order is set aside and consequently the Maintenance Case stands restored. Learned Magistrate shall dispose of the same on merits in accordance with law. 6. In the result, Criminal Revision Case is disposed of. _______________________ G.V.SEETHAPATHY, J 07th July, 2011. Note: Furnish C.C. of the order within one week. B/o Tsy