THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.1856 of 2011 ORDER: This criminal revision case is filed by the petitioner by invoking the provisions under Sections 397 and 401 of Cr.P.C. seeking to set aside the proceedings in Crl.M.P.No.433 of 2010 in M.C.No.98 of 2007 on the file of the Judge, Family Court, Vijayawada. 2. Heard both sides. 3. The main contention of the learned counsel for the petitioner is to direct the trial Court to dispose of the Crl.M.P.No.433 of 2010 after receiving the counter of the petitioner herein and also after hearing the arguments of the petitioner herein. Learned counsel further submits that the petitioner is paying Rs.1700/- per month as maintenance to the respondent regularly. In the meanwhile, in the application filed by the respondent for enhancement of maintenance, an exparte order was passed enhancing the maintenance amount to Rs.3,000/-per month from 1700/- per month. The petitioner is not aware of the said order, but he is continuously paying at Rs.1700/- per month. All of a sudden, the present impugned petition is filed claiming an amount of Rs.66,000/- towards arrears, as if the maintenance amount is Rs.3000/-per month. Hence, learned counsel for the petitioner submits that he wants to raise all the points before the trial Court, but the trial Court refused to receive the counter and also refused to hear the arguments. 4. Considering the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner, the trial Court is hereby directed to receive the counter and also hear the arguments and pass final orders. If any warrant is pending against the petitioner, the trial Court is directed to recall the same on appearance of the petitioner before the court and further, the petitioner is directed to pay a sum of Rs.5,000/- (Rupees five thousand only) to the respondent herein towards arrears of maintenance. 5. With the above direction, the Criminal Revision Case is disposed of. The miscellaneous petitions, if any, filed along with the criminal petition shall stand closed. ____________________ JUSTICE RAJA ELANGO 21st September 2011, Note: Issue copy by 26.09.2011. B/o. Rns.