HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:6815 OF 2007 ORDER: The respondent-wife and her children filed M.C.No.30 of 2004 on the file of the Judicial Magistrate of First Class, Srikakulam under Section 125 Cr.P.C., claiming maintenance at the rate of Rs.1000/- per month each. The Court below after holding an enquiry came to the conclusion that the husband is not maintaining properly his wife and children and accordingly, awarded maintenance at the rate of Rs.1000/- each per month. The learned Sessions Judge while concurring with the findings of the Court below and confirming the maintenance awarded to the wife and daughter, reduced the maintenance awarded to the sons from Rs.1,000/- to Rs.750/-. Hence, the husband filed the present petition. When this matter is taken up for hearing, the learned Counsel for the petitioner has drawn the attention of this Court to the proceedings initiated before the Lok Adalat at Visakhapatnam. From the perusal of the said proceedings, it is clear that the parties are living together. When the parties are living together, in my considered view, the question of paying maintenance to the wife and children will not arise. Accordingly, this Criminal Petition is allowed and the order passed by the Court below is hereby set aside. However, it is made clear that if the petitioner-husband neglects his wife and children, it is always left open to them to approach the Judicial First Class Magistrate, Srikakulam for redressal of their grievance. ______________________________ Justice Gopala Krishna Tamada Dated: 21.4.2010 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No:6815 OF 2007 21.4.2010