THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4101 of 2008 ORDER: This Criminal Petition arises out of Crl.M.P.Nos.6551 and 6552 of 2006 in M.C.No.35 of 1976 on the file of II Additional Judicial First Class Magistrate, Bhimavaram, West Godavari District. The brief facts of the case are as follows: The marriage of the petitioner and the second respondent herein was performed on 28.03.1973. They lived together happily for some time but thereafter, disputes arose between them and they are living separately. The second respondent filed M.C.No.35 of 1976 under Section 125 Cr.P.C. seeking maintenance. Subsequently, on the basis of O.P.No.14 of 1976 filed by the petitioner for restitution of conjugal rights, there was a compromise between him and the second respondent and therefore, they united. Again, disputes arose between them and they were living separately. So, the second respondent filed M.C.No.105 of 1976 against the petitioner seeking maintenance. Thereafter, legal proceedings ensued between them. Finally, the petitioner filed O.P.No.51 of 1994 before the Subordinate Judge, Eluru seeking divorce. In the said O.P., ex parte order was passed on 11.11.1994 granting divorce to the petitioner and the second respondent. It is averred in the affidavit filed in support of the criminal petition that the second respondent received a sum of Rs.20,000/- towards compromise. The above said Crl.M.P.s were filed by the second respondent in M.C.No.35 of 1976 seeking arrears of maintenance and to enhance monthly maintenance. The learned counsel for the petitioner submitted that the second respondent is not entitled to the maintenance from 1976, since the litigations ensued between the parties were ended by the divorce granted in 1994. The learned counsel for the second respondent does not dispute the same. However, the learned counsel for the petitioner stated that the petitioner is ready to face any fresh maintenance case. In view of the above, the second respondent is at liberty to file a fresh maintenance case, if she chooses to do so, before the competent Court. On filing such case, the Court below shall proceed with the same and pass appropriate orders in accordance with law. With the above direction, the criminal petition is disposed of. __________________ RAJA ELANGO, J 21st JUNE, 2010. Note: issue c.c. in two days. kvni