THE HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE NO.53 OF 2011 ORDER: 1 The petitioner who is the husband and father of the respondents herein filed this petition questioning the common order dated 21.12.2010 made in Crl.M.P.Nos.197 & 198 of 2010 in M.C.No.30 of 2010 on the file of the Judge, Family Court, Secunderabad. 2 Brief facts are that the respondents who are the wife and children of the petitioner herein filed the said M.C.No.30 of 2010 under section 125 of Cr.P.C. claiming maintenance at the rate of Rs.15,000/- to the first respondent/wife and Rs.10,000/- each to the respondents 2 and 3 i.e. the children. The court below ordered notice, but, however, as the said notices were returned unserved, the court below set him ex parte and awarded maintenance at the rate of Rs.5,000/- to each of the respondents. Coming to know about the said ex parte order, the petitioner approached the court below and filed Crl.M.P.No.197 and 198 of 2010 i.e. to set aside the said ex parte order dated 30.06.2010 and also to condone the delay of 24 days in filing the said application to set aside the ex parte order. The court below having considered the said submissions made by the petitioner allowed the said applications subject to his depositing half of the arrears as on that day and filing counter in the main M.C. on or before 20.01.2011. The said order dated 21.12.2010 is questioned by filing this revision. 3 This court while admitting this revision and ordering notice to the respondents on 12.01.2011 granted interim suspension of the said order on condition of the petitioner deposing an amount of Rs.30,000/- by 5th February 2011 in the trial court. Pursuant to the said notices issued by this court, the respondents i.e. wife and children have put in their appearance. 4 Heard both sides. 5 Having considered the submissions made by the learned counsel for the petitioner and also the learned counsel for the respondents, this court is of the view that the arrears as on 21.12.2010 was only Rs.1,35,000/- and 50% of it which were ordered to be deposited is working out to Rs.67,500/-. However, as this court directed the petitioner to deposit an amount of Rs.30,000/- on or before 05.02.2011 and the petitioner had complied with the said conditional order and deposited the said amount of Rs.30,000/- this court is of the view that this revision can be disposed of on a further condition that the petitioner shall deposit a further sum of Rs.20,000/- within a period of two weeks from the date of receipt of a copy of this order. As and when the said amount of Rs.20,000/- is deposited by the petitioner, the respondents are at liberty to withdraw the entire amount of Rs.50,000/- . Now that the counter affidavit is filed in the main M.C., the trial court is hereby directed to decide the same at the earliest, preferably, within a period of three months from the date of receipt of a copy of this order. 6 The revision is accordingly disposed of. _____________ 7th March 2011 Kvsn