THE HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8362 of 2011 ORDER: Petitioner approached this Court seeking a direction to the Judge, Family Court, Vijayawada to dispose of Crl.M.P.No.350 of 2011 in M.C.No.70 of 2010 as expeditiously as possible, and to set aside ex parte order dated 08.09.2010 passed in M.C.No.70 of 2010. The brief facts of the case are as follows: The 2nd respondent, who is the wife of the petitioner herein, filed M.C. No.70 of 2010 before the Judge, Family Court, Vijayawada, against the petitioner herein, seeking maintenance for herself and her two children, and obtained ex parte order on 08.09.2010. Pursuant thereof, Crl.M.P.No.96 of 2011 in M.C.No.70 of 2010 was filed by the 2nd respondent seeking execution of ex parte order dated 08.09.2010, and on 27.04.2011 she got served a memo to the petitioner requesting him to receive notice. Thereupon, the petitioner filed Crl.M.P.No.350 of 2011 in M.C.No.70 of 2010, seeking condonation of delay of 139 days in setting aside the ex parte decree dated 08.09.2010 passed in M.C.No.70 of 2010, and the same is pending. Learned counsel for the petitioner submitted that in M.C.No.70 of 2010, the petitioner was not served with any personal notice and the 2nd respondent got issued notice by way of paper publication and obtained ex parte order. Learned counsel for the petitioner further submitted that the petitioner is ready to pay maintenance amount to his children i.e., P.Naveen Kumar and P.Sravani, the 3rd and 4th respondents herein, as directed by the trial Court from the date of order. Considering the facts and circumstances of the case and also the submissions of the learned counsel for the petitioner, the petitioner is directed to pay the arrears of maintenance insofar as the 3rd and 4th respondents herein are concerned before the trial Court, and on payment of such arrears, the Judge, Family Court, Vijayawada, is directed to condone the delay of 139 days, for setting aside the ex parte order dated 08.09.2010 in M.C.No.70 of 2010, and also to set aside the said ex parte order dated 08.09.2010 in M.C.No.70 of 2010 and proceed with trial and then pass appropriate orders in accordance of law. Accordingly, this Criminal Petition is disposed of. ____________________ JUSTICE RAJA ELANGO 14.09.2011 v v