THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO. 1917 of 2009 Date: 16-11-2009 Between: Vaddi Satya Ravi, S/o.Vengala Rao, Aged 37 Years, Un-employee, R/o.D.No.9-3-28, Vennavallivaripeta, Eluru Town, West Godavari Distrct.. - - - Petitioner And Vaddi Annohya, Aged 12 years, being minor Rep. by her mother smt. V. Jaya @ Madhura Jaya, Officer, Canara Bank, Circle Office, Suryabagh, Visakhapatnam, and another. - - - Respondents. THE HON’BLE SRI JUSTICE B. CHANDRA KUMAR CRIMINAL REVISION CASE NO.1917 OF 2009 ORDER: The petitioner herein is respondent in M.C. No.88 of 2004 on the file of Judge, Family Court at Visakhapatnam. The first respondent herein is the minor daughter of the petitioner. The first respondent herein filed M.C. No.88 of 2004 seeking maintenance. It appears that the petitioner was set exparte on 30-09-2008. He filed Criminal M.P. No.365 of 2008 to set aside the exparte order dated 30-09-2008. The petitioner’s case is that he was suffering from Jaundice and he was advised bed rest for 45 days. The respondent on behalf of first respondent herein who is her mother filed counter contending that Jaundice is not a chronic disease and the petitioner need not be confined to bed. Since no medical certificate was filed, the lower Court dismissed the petition. It is always better if the matters are disposed of on merits after contest. However, the fact remains that the Maintenance Case has been pending since more than five years. In the circumstances, the impugned order in Criminal M.P. No.365 of 2008 in M.C. No.88 of 2004 dated 31-08-2009 on the file of the Judge, Family Court at Visakhapatnam is set aside and for the reasons explained by the petitioner that he was suffering from Jaundice, the exparte order dated 30-09-2008 is also set aside on condition of petitioner paying a sum of Rs.2,000/- (Rupees two thousand only) to the first respondent herein within 15 days from today and on further condition of paying Rs.500/- (Rupees five hundred only) p.m. to the first respondent herein i.e. to his daughter on or before 10th day of every succeeding month pending disposal of Maintenance Case. The learned Judge, Family Court at Visakhapatnam is also directed to dispose of the Maintenance Case as early as possible preferably within six (6) months from the date of receipt of a copy of this Order. Subject to the above observations, the Revision Case is disposed of. ____________________ B. CHANDRA KUMAR, J Date: 16-11-2009. DSH