THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1623/2007 Dt.3-9-2010 1. T. Surekha and others ..Petitioners V. 1. T. Pothulaiah and another ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.1623/2007 ORAL ORDER This petition under Sec. 482 Cr.P.C., is filed to quash the orders passed by I Additional Sessions Judge, Anantapur dt. 3-1-2007 in Crl.R. P.No.41/2006, whereunder learned Judge dismissed the revision petition filed by the petitioners herein seeking enhancement of the maintenance at Rs.6000/- per month as against the maintenance awarded by the learned Magistrate dt. 22-4-2006 in MC No.6/2003. It is not in dispute, the first petitioner herein is the wife of the first respondent herein. The second and third petitioners are the daughters of the first petitioner and the first respondent. The first respondent is working as Physical Director in Government Junior College, Atmakur, Anantapur District and has been drawing a gross salary of Rs.25,562/- per month and after deductions to a tune of R.6770/-per month, he has been drawing a net salary of Rs.18,792-00 per month. Learned Magistrate awarded maintenance at the rate of Rs.1000/- per month to the first petitioner-wife and Rs.500/- each to the petitioners 2 and 3 (children of the first petitioner and the first respondent herein), by order dt. 22-4-2006. Aggrieved by the maintenance awarded from the date of passing of the order, the petitioners carried the matter in revision to the I Additional Sessions Judge, Anantapur. Learned Judge dismissed the revision by order dt. 3–1-2007. In order to resolve the dispute, this court called upon the parties to present before the court on 3-9-2010. Today, ie., 3-9-2010, petitioners, the first respondent and their respective counsel present. The first respondent- husband stated that out of the salary amount, he has to discharge the loan availed by him from the Bank, and he has been paying Rs.11,000/- per month towards instalments. But no documents, as such, are filed to substantiate the said contention. The first respondent came forward to pay maintenance at Rs.4,000/- per month to all the petitioners. The second petitioner stated that she has completed intermediate course and passed EAMCET and she intends to join B.Tech., course The third petitioner stated that she is studying 10th class. Having regard to the prevailing cost of living, and fees, which second and third petitioners have to incur for prosecuting their studies, this court is of the view that the 2nd and 3rd petitioners are entitled to enhancement of maintenance as against the amount awarded by the Magistrate. In view of the same, the second and third petitioners are entitled to maintenance at Rs.2000/- each (Rs. Two thousand only) and the order granting maintenance to the first petitioner at Rs.1000/- (Rs. One thousand only) is unaltered. The Criminal Petition is allowed modifying the Order of the Magistrate as confirmed by the learned Session Judge as stated above. However, this order will not preclude the parties to move the trial court under Sec. 126 Cr.P.C., for enhancement of compensation by adducing the evidence about the income received by the first respondent herein. ______________ A.GOPAL REDDY,J Dt.3-9-2010 kmr