THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.13888 of 2011 ORDER: This Criminal Petition is filed by the petitioner against the order dated 22.10.2011 passed by the Judge, Family Court, Anantapur, in Crl.M.P.No.20 of 2011 in M.C.No.36 of 2008, whereby the petition filed by the 1st respondent herein, for enforcement of the maintenance order, was disposed of observing as under: “..The respondent shall serve the sentence of imprisonment for 12 months for nonpayment of 12 month’s maintenance (one month for every month’s default) or until payment of each month’s maintenance if sooner made. He shall be arrested and shall be sent to jail for serving the sentence.” The brief facts of the case are as follows: The 1st respondent herein filed a case being M.C.No.36 of 2008 before the Judge, Family Court, Anantapur, seeking maintenance from the petitioner herein, and the same was disposed of by order dated 19.08.2008 directing the petitioner herein to pay Rs.4,000/- per month to the 1st respondent herein towards her maintenance from 23.04.2008. Subsequently, since the petitioner failed to pay the maintenance amount for the period from 23.01.2010 to 21.01.2011, the 1st respondent herein preferred a petition in Crl.M.P.No.20 of 2011 in M.C.No.36 of 2008, for enforcement of maintenance order, which was disposed of by the impugned order dated 22.10.2011 referred to above. Aggrieved thereby, the present Criminal Petition is filed. Heard. Learned counsel for the petitioner submitted that for non-payment of arrears of maintenance, the trial Court has not taken any other steps except directing the petitioner to be arrested and remanded to custody. When the petitioner failed to comply with the order dated 19.08.2008, the Court below should have taken coercive steps against the petitioner for payment of the maintenance or it should have ordered for attachment of the pension of the petitioner towards maintenance, but without following the said procedure, ordering for arrest of the petitioner is illegal. For the foregoing reason, the order dated 22.10.2011 passed by the Judge, Family Court, Anantapur, in Crl.M.P.No.20 of 2011 in M.C.No.36 of 2008, is set aside, and the learned Judge is directed to invoke appropriate provisions for recovery of maintenance to the 1st respondent herein. Further, the Superintendent of Central Prison, Anantapur, is hereby directed to release the petitioner forthwith if he is not required in any other case. Accordingly, the Criminal Petition is allowed. Miscellaneous petitions, if any, pending in this Criminal Petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 28.12.2011 Note: Issue CC by tomorrow B/o v v