HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2029 of 2010 Dated 30-3-2010 Between: Mr.Peeta Raman. …Petitioner. And: State of A.P. rep. by the Public Prosecutor, High Court of A.P., Hyderabad and others. …Respondents. HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2029 of 2010 ORDER: Heard both the counsel. 2. The petitioner/husband is questioning order dated 10-2-2010 passed by the Additional Metropolitan Sessions Judge for trial of JHCBBC–cum–Additional Family Court, Hyderabad in M.P.No.47 of 2010 in M.C.No.282 of 2009 by which that Court allowed the petitioner’s application for setting aside the exparte order passed against him on condition of payment of costs of Rs.4,000/-. 3. The petitioner is aggrieved by imposition of costs of Rs.4,000/- by the lower Court as a condition for setting aside the exparte order. 4. As could be seen from the order passed by the lower Court, notice in Maintenance Case was sent to the petitioner’s address and it was received by some one else than the petitioner. Finding the said service as sufficient, the lower court set him exparte in the Maintenance Case. But, considering the fact that the petitioner is an advocate and Executive Member of A.P. High Court Advocate’s Association, the lower Court took a lenient view and set aside the exparte order. It is contended that the address mentioned in the notice was previous address of the petitioner and he shifted his office from that place. 5. On the other hand, it is contended by the counsel for the respondents 2 and 3 that even in the petition to set aside the exparte order, the petitioner gave the same address. 6. Imposing of costs is well within discretion power of the Court. There is nothing illegality or impropriety in imposing costs as condition for setting aside the exparte order. After all, the costs will go to the respondents 2 and 3 who are no other than minor children of the petitioner. I do not find any merits in this petition. 7. Accordingly, the Criminal Petition is dismissed. ____________________________________________ Justice SAMUDRALA GOVINDARAJULU Dated 30-3-2010. Dvs HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.2029 of 2010 Dated 30-3-2010