P. Ravi Krishna v. The State Of A.P.,Rep.,Pp

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.4147 OF 2016 ORDER:

This petition is filed by the petitioner-Respondent under Section 482 Cr.P.C. seeking to quash the order, dated 13.02.2009, in M.C. No.3 of 2008 passed by the IV Additional Junior Civil Judge, Rajahmundry.

The 2nd respondent is the wife and the 3rd respondent is the daughter of the petitioner. They filed M.C. No.3 of 2015 before the Court below seeking maintenance. The trial Court allowed the said MC by setting the petitioner ex-parte, and directed him to pay Rs.1,500/- per month to 2nd respondent and Rs.1,000/- per month to the 3rd respondent as interim maintenance from the date of filing of the MC and also to pay the arrears within three months from the date of that order. Aggrieved by the same, the present petition is filed. Heard and perused the material available on record. Learned counsel for the petitioner submitted that by setting the petitioner ex parte, the Court below allowed the MC, and that on an application filed by the respondents 2 and 3 to order for payment of arrears of maintenance, the Court below passed orders by committing the petitioner to prison for 30 days.

Considering the facts and circumstances of the case, this Court is of the view that the present petition is not maintainable under Section 482 Cr.P.C. Hence, this Court is inclined to pass the following order:

The Court below is directed consider the application filed by the petitioner to cancel the ex-parte maintenance order within a period of three (3) months from the date of receipt of a copy of this order, and if the petitioner is aggrieved over the order, if any, passed by the Court below, he is at liberty to challenge the same before appropriate forum.

With the above directions, the Criminal Petition is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J March 28, 2016.

KTL