THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.9494 of 2010 ORDER: This criminal petition is directed against the docket order dated 22.07.2010 passed in Crl.M.P.No.84 of 2006 in M.C.No.14 of 2003 on the file of the Additional Junior Civil Judge, Srikalahasthi, Chittoor District, whereby non-bailable warrant was issued against the petitioner herein for non-payment of the arrears of maintenance awarded to respondent No.1 herein. Respondent No.1, who is the wife of the petitioner herein, filed M.C.No.14 of 2003 before the learned Additional Junior Civil Judge, Srikalahasthi, Chittoor District, under Section 125 of Cr.P.C., against the petitioner herein, seeking maintenance of Rs.500/- per month, and the Court below awarded maintenance @ Rs.1,000/- per month. However, as the petitioner was not paying the awarded maintenance amount, Respondent No.1 filed Crl.M.P.No.84 of 2006 in the said M.C.No.14 of 2003, to send the petitioner to the civil prison for non- payment of the arrears of Rs.12,000/- for the period from 26.02.2006 to 26.02.2007. On 22.07.2010, when the matter was taken up by the Court below, the petitioner has neither paid the amounts nor was present before the Court, and as such, non-bailable warrant was issued against him. Aggrieved thereby, the present petition is filed. Learned counsel for the petitioner has drawn my attention to the docket order dated 08.06.2010 passed in Crl.M.P.No.84 of 2006, which shows that the petitioner paid an amount of Rs.3,000/- on that day. Learned counsel also submitted that after deducting the said amount of Rs.3,000/- paid by the petitioner on 08.06.2010 from the alleged arrears of Rs.12,000/-, the petitioner is liable to pay the balance amount of Rs.9,000/- only and the petitioner is ready to pay the said amount of Rs.9,000/-, if sufficient time is provided to him. Since the petitioner expressed his willingness to pay the arrears if he is provided with sufficient time, the usual notice to the private respondent is dispensed with. In the light of the submissions made by the learned counsel for the petitioner, I deem it appropriate to dispose of this criminal petition with the following directions: 1. The non-bailable warrant issued against the petitioner on 22.07.2006 shall stand suspended for a period of six weeks from today. 2. The petitioner shall pay the arrears either in lumpsum or in instalments within a period of six weeks from today, and if he fails to pay the arrears within the given time, the non-bailable warrant issued against him on 22.07.2006 shall be executed, and 3. If the entire arrears are paid within the time stipulated above, the said N.B.Ws shall be recalled. With the above directions, this criminal petition is disposed of, at the stage of admission. _________________________ GOPALA KRISHNA TAMADA,J 24.09.2010 v v