THE HONOURABLE SRI JUSTICE P. SWAROOP REDDY CRIMINAL PETITION No.9637 OF 2009 ORDER: This Criminal petition under Section 482 Cr.P.C. is filed by the petitioner - accused seeking to quash the order in Crl.R.C.No.23 of 2009 dated 24.09.2009 passed by the Sessions Judge, Adilabad, where under the learned Sessions Judge directed the petitioner to deposit arrears of maintenance awarded against the petitioner as early as possible and not more than two months from the date of the said order. 2. Heard both sides. 3. The learned Sessions Judge while allowing the Criminal Revision Petition No.23 of 2009, filed against the proceedings under 125 Cr.P.C., on the basis of the decision in SHAHADA KHATOON v. AMJAD ALI[1] held that the Magistrate under Section 125(c) Cr.P.C. cannot impose more than a months sentence and thereby, modified the order of the Magistrate confirming the imprisonment for a period of one month, but directed the petitioner to pay maintenance for 66 months as he was not paying the same. 4. Learned counsel for the petitioner contends that this order of the learned Sessions Judge directing the petitioner to pay maintenance of 66 months is without jurisdiction. 5. Technically the contention of the learned counsel for the petitioner may be correct, but when the petitioner is not paying the maintenance for years together to wife and minor children aged 9 and 7 years respectively, there is no justification in completely setting aside the above order. 6. In the circumstances, it is directed that the petitioner shall pay maintenance payable for 22 months instead of 66 months, within a period of three months instead of two months and shall continue to pay thereafter every month. 7. The Criminal Petition is accordingly disposed of. ___________________ P. SWAROOP REDDY, J. Date: 18.11.2009. Rns [1] (1999) 5 Supreme Court Cases 672