IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD MONDAY, THE TWENTY FIFTH (25TH) DAY OF JULY, TWO THOUSAND AND ELEVEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.R.C.No.874 of 2011 Between: Moishin Bin Awad Baleshwar … Petitioner And: Baby Zamrud Moshin Baleshwar and another … Respondent HON’BLE SRI JUSTICE G.V.SEETHAPATHY CRL.R.C.No.874 of 2011 JUDGMENT: This criminal revision case is directed against the order dated 24.03.2011 in M.P.No.37 of 2011 in M.C.No.1 of 2010, on the file of the Additional Chief Judge-cum- Additional Family Court, Hyderabad, wherein the said application filed by the petitioner herein for setting aside the ex parte order, was allowed, directing the petitioner to deposit half of the arrears of maintenance claimed in M.P.No.1143 of 2010 and filing counter in the M.C. 2. Heard the learned counsel for the petitioner and the learned counsel for the first respondent. Perused the record. 3. The first respondent herein claiming to be the daughter of the petitioner filed M.C.No.1 of 2010 claiming maintenance. The petitioner herein was served with notices in M.C.No.1 of 2010 and entered appearance through counsel but subsequently failed to file counter and, therefore, he was set ex parte. The ex parte order of maintenance was passed in M.C.No.1 of 2010 on 25.10.2010 awarding maintenance of Rs.30,000/- per month payable before 5th of every calendar month. Aggrieved by the same, the petitioner herein filed M.P.No.37 of 2011. The learned Judge, Family Court while allowing the said application, by the impugned order, further directed the petitioner to deposit half of the arrears of maintenance. Aggrieved by the said condition, the present revision is filed. 4. This Court, while granting interim stay on 08.04.2011, directed the petitioner to deposit Rs.50,000/-. It is stated that the said deposit has been made and the amount was also withdrawn by the first respondent. Admittedly, the first respondent has not challenged the order dated 24.03.2011 whereunder the ex parte order in M.C.No.1 of 2010 was set aside. The scope of enquiry in the present revision is limited to the extent as to whether or not the condition directing the petitioner to deposit half of the arrears of maintenance requires to be modified or not. 5. The learned counsel for the first respondent would submit that as of now half of the arrears of maintenance are to an extent of Rs.3 lakhs, out of which Rs.50,000/- is deposited and withdrawn and the balance amount remains to be paid. 6. In M.C.No.1 of 2010, the petitioner was directed to pay Rs.30,000/- per month. The said order passed ex parte is subsequently set aside by allowing M.P.No.37 of 2011. The learned Judge, Family Court directed deposit of only half of the arrears of maintenance. The said condition imposed for setting aside the ex parte order cannot be considered to be onerous or unreasonable. The petitioner having entered appearance through counsel in M.C.No.1 of 2010 failed to file any counter and participate in the enquiry and, therefore, ex parte order came to be passed. However, with a view to give an opportunity to the petitioner to contest the maintenance case, the ex parte order was set aside. The condition imposed by the trial Court by setting aside the ex parte order directing payment of only half of the arrears of maintenance is just and reasonable. There are no valid or sufficient grounds for interfering with the condition imposed by the trial Court for setting aside the ex parte order. The petitioner shall deposit the balance amount within six weeks towards half of the arrears of maintenance up to date and file a counter and participate in the enquiry in M.C.No.1 of 2010. 7. Having regard to the age of the petitioner, who is stated to be 75 years old, the learned Judge, Family Court is directed to dispose of M.C.No.1 of 2010 at an early date, preferably within a period of six months from the date of receipt of a copy of this order. 8. In the result, the criminal revision case is dismissed. ______________________ G.V.SEETHAPATHY, J 25th July, 2011 Lrkm.