A court may remand a maintenance case to the trial court to allow a party set ex parte to contest the matter on merits, provided the party pays interim maintenance and arrears as directed.

ORDER

This Criminal Revision Case is filed challenging the order dated 13.01.2023 passed in M.C. No. 9 of 2022 by the learned Judge, Family Court-cum-IV Additional Sessions Judge at Khammam, wherein the wife of the petitioner filed the said M.C. claiming maintenance of Rs.50,000/- per month from the petitioner. The petitioner was set ex parte before the trial Court. Upon perusing the record and considering the facts and evidence available on record, the trial Court awarded an amount of Rs.10,000/- per month to each petitioner from the date of filing of the petition.

2. Heard Sri V. Brahmaiah Chowdary, learned counsel appearing on behalf of the petitioner; Sri E. Ganesh, learned Assistant Public Prosecutor appearing on behalf of respondent No.1 – State; and Sri B. Muralidhar, learned counsel appearing on behalf of respondent Nos.2 and 3.

3. Learned counsel for the petitioner contended that the petitioner was not served with notice and that, without proper service of notice, the trial Court awarded the maintenance amount. He further submitted that there are valid grounds to defend the case. Therefore, he prayed that the matter be remanded to the trial Court.

4. On the other hand, learned counsel for respondent Nos.2 and 3 opposed the same, stating that notice was duly served on the petitioner through email as well as by post. Despite receiving the notice, the petitioner did not appear before the trial Court. Though the order of the trial Court is of the year 2023, the petitioner did not challenge the same until 2026, which itself shows that there are no merits in the petitioner’s case. Therefore, he prayed for dismissal of the Criminal Revision Case.

5. In the light of the submissions made by both the learned counsel and upon perusal of the material available on record, it appears that the petitioner did not contest the case before the trial Court. However, while granting stay, this Court directed the petitioner to pay 50% of the amount awarded by the trial Court, and as on date, the petitioner has paid an amount of Rs.2,80,000/- to the respondents. Considering the fact that the petitioner did not contest the matter before the trial Court, this Court deems it appropriate to remand the matter to the trial Court with a direction to the petitioner to pay an amount of Rs.10,000/- per month to respondent Nos.2 and 3 until disposal of the M.C. on merits. The petitioner is also directed to pay arrears at the rate of Rs.10,000/- per month from the date of filing of the petition before the trial Court within 15 days from the date of receipt of a copy of this order. Further, the trial Court is directed to dispose of the matter as expeditiously as possible, in accordance with law.

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

Miscellaneous applications, if any pending, shall also stand closed.