HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7801 OF 2010 ORDER: This criminal petition is filed by the petitioners, under Section 482 of Cr.P.C., seeking to set aside the order dated 06.02.2009 passed by the learned Addl. Junior Civil Judge, Chilakaluripet, Guntur District, in M.C.No.12 of 2008 as confirmed by the learned Judge, Family Court-cum-Addl. District Judge, Guntur in Crl.R.P.No.130 of 2009 by order dated 24.04.2010. Briefly, the facts of the case are that the petitioners herein filed M.C.No.12 of 2008 on the file of the Addl. Junior Civil Judge, Chilakaluripet, against the 2nd respondent, seeking maintenance. Subsequently, when the matter was taken up for hearing, the petitioners were called absent and there was no representation on their behalf. Hence, the trial Court dismissed the M.C. by an order dated 06.02.2009. Aggrieved thereby, the petitioners preferred C.R.P.No.130 of 2009 on the file of the Family Judge-cum-District Judge, Guntur, and the learned Judge, after hearing both sides, dismissed the revision petition, by an order dated 24.04.2010. The same is under challenge in this criminal petition. Learned counsel for the petitioners submitted that the orders passed by the Courts below are erroneous in law. When a maintenance case is dismissed, specific reasons have to be given and the maintenance case cannot be dismissed only on the ground of no representation. This Court is of the view that when the petitioners filed the M.C. seeking maintenance and when they were called absent on the date of hearing, the lower Court should have considered the same liberally and instead, the lower Court dismissed the M.C. for default. Hence, the lower Court is hereby directed to restore the M.C.No.12 of 2008 and proceed with the same, in accordance with law. With the above direction, the criminal petition is disposed of. __________________ RAJA ELANGO, J 17th August, 2010 CBS HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.7801 of 2010 (Disposed of ) 17th August, 2010 CBS