Maddirala Sudheer, v. Maddirala Durga Kamala Kumari,

THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.524 OF 2015 ORDER:

This Criminal Revision Case is filed challenging the order, dated 20.1.2015, in Crl.M.P.No.151 of 2014 in M.C.No.43 of 2013 on the file of the Judge, Family Court - cum - IV Additional District and Sessions Judge, Vijayawada, Krishna District.

2. Respondent No.1 is the wife of the petitioner. She filed M.C.No.43 of 2013 before the trial Court seeking maintenance of Rs.15,000/- per month. The petitioner was set ex parte in said M.C. on 30.4.2013 and the M.C. was allowed in part on 17.6.2013 directing the petitioner herein to pay Rs.7,000/- per month to respondent No.1. He filed Crl.M.P.No.151 of 2014 before the trial Court to condone the delay of 282 days in filing petition to set aside the ex parte order, dated 17.6.2013, in the M.C. and the same was dismissed. Challenging the same, the present revision petition is filed.

3. Though notice was served on respondent No.1, she failed to appear before this Court.

4. Heard and perused the material available on record.

5. Having regard to the facts and circumstances of the case, without going into the merits of the case, this Court is of the view that the Criminal Revision Case can be disposed of with the following directions:

The petitioner is directed to file a fresh application before the trial Court to condone the delay of 282 days along with an application to set aside the ex parte order passed in the said M.C.

On such filing of the applications, the trial Court is directed to condone the delay and to restore the M.C. and also to issue notice to respondent No.1 herein and to conclude the trial and

dispose of the M.C. as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of a copy of this order. The petitioner is directed to deposit an amount of Rs.5,000/- (Rupees five thousand only) as costs in favour of respondent No.1 herein. Further, till disposal of the M.C., the petitioner is directed to pay Rs.3,000/- (Rupees three thousand only) per month to respondent No.1 as maintenance from the date on which the case will be restored to file by the trial Court on or before 10th of every succeeding month. The trial Court shall pass appropriate orders after hearing both parties without being influenced by this order.

6. With the above directions, the Criminal Revision Case is disposed of.

7. Miscellaneous petitions pending, if any, in this Criminal Revision Case shall stand closed.

_________________________ JUSTICE RAJA ELANGO 10.6.2016 AMD THE HONOURABLE SRI JUSTICE RAJA ELANGO

CRIMINAL REVISION CASE No.524 OF 2015 Date: 10.6.2016 AMD