G RAMACHANDER RAO Vs. G PADMA

JUDGEMENT

(1.) Aggrieved by the order dated 4-9-2003 passed in Criminal M.P. No. 195 of 2003 in M.C. No. 15 of 2000 by the Judge, Family Court, Warangal, respondent in the said petition preferred this revision.

(2.) Respondents 1 and 2 obtained order of maintenance in M.C. No. 15 of 2000 against the petitioner and filed Criminal M.P. No. 195 of 2003 for enforcement of the said order. Notice was ordered and the petitioner was asked to appear on 4-9-2003. When the petitioner appeared on 4-9-2003 the learned Judge made the following order:

(3.) The contention of the learned Counsel for the petitioner is that the petitioner can be sent to prison only if he fails to show sufficient cause for not complying with the order of maintenance and since no opportunity was given to the petitioner for showing cause order of the Trial Court, ordering arrest of the petitioner on the day on which he was asked to appear is improper and is liable to be set aside.