THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No.3 of 2011 ORDER: 1 The first respondent herein filed a petition under section 125 of Cr.P.C. against the petitioner herein seeking maintenance and the same was numbered before the trial court as M.C.No.23 of 1990. The court below, after enquiry, awarded maintenance at the rate of Rs.150/- p.m. Subsequently the first respondent filed an application seeking enhancement of the maintenance vide Crl.M.P.No.168 of 2001 and the said amount of maintenance was enhanced from Rs.150/- to Rs.300/- p.m. by order dated 19.10.2001. In view of the changed scenario the first respondent filed another application C.M.P.No.991 of 2006 seeking further enhancement of the maintenance and that petition was ordered and the said amount of Rs.300/- p.m. was enhanced to Rs.3,000/- pm. However, as the said amount of enhanced maintenance is not paid, the wife i.e. the first respondent filed an application under section 125(3) of Cr.P.C. for enforcement of the said order dated 29.09.2008 whereunder the maintenance was enhanced from Rs.300/- to Rs.3,000/- p.m. and the said application is numbered as M.P.No.409 of 2010. As the arrears accrued to Rs.36,000/- and the petitioner had not paid any maintenance, the court below ordered attachment of his salary at the rate of Rs.6,000/- p.m. The same is questioned in this revision. 2 This court while admitting this revision, ordered notice to the first respondent – wife. Though the notice is sent the same was returned with an endorsement “Un Claimed”. In those circumstances, it is deemed that the notice is served on the first respondent. 3 The learned counsel for the petitioner states that as the petitioner is only an attender working in the school for blind and physically handicapped, he cannot pay the said amount of maintenance. 4 The relationship is not in dispute. The only contention put forth by the petitioner is that the wife i.e. first respondent herein herself deserted the petitioner and she is living with another man. Though the counsel made the said statement, there is absolutely no evidence to establish the said fact. However, as the amount of maintenance which is awarded by the court below is only Rs.3,000/-, the attachment order is ordered to be reduced from Rs.6,000/- to Rs.3,000/- p.m. The arrears if any paid shall be given credit to. 5 With the said modification, this petition is ordered. -------------- 11.02.2011 Kvsn