THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6559 of 2009 ORDER: The application is filed to quash the order dated 14.07.2009 in Criminal Revision Petition No.23 of 2009 passed by the Principal Sessions Judge at Kurnool. The revision petitioner is the respondent in M.C.No.11 of 2004. The parties are referred as in the M.C. 2. The 1st petitioner is the wife and the petitioners 2 and 3 are children and they have filed an application for maintenance and it was allowed on 13.4.2004 granting maintenance of Rs.500/- subsequently an application was filed in Crl.M.P.No.1622 of 2008 under Section 127 Cr.P.C for enhancement of the quantum of maintenance from Rs.500/- to Rs.3,000/-. After considering the rival contentions and the evidence available on record, the learned Magistrate has enhanced the maintenance for each of the petitioners from Rs.500/- to Rs.1,500/- each which was confirmed in the revision. 3. The point for consideration is whether the enhancement of the maintenance granted by the learned Magistrate is legal and sustainable? 4. Evidently, the original order of grant of maintenance was passed on 13.4.2004. There is no dispute about the fact that there is an increase in cost of living and also the children having grown up. It is also stated that the respondent who is the revision petitioner is owning about Ac.15.00 of land and was getting an income of Rs.2.00 lakhs per year. In fact on this aspect, the lower court has considered the evidence on both sides and it was also noticed by the lower court that the revision petitioner herein did not file any counter either disputing the right of enhancement of maintenance or the quantum of enhancement. Therefore, in view of the above circumstances, it cannot be said that enhancement granted by the learned Magistrate is not valid. However, the learned counsel for the petitioner represents that while granting stay, this Court has directed payment of the maintenance @ Rs.1,000/- per month for each of the petitioner instead of Rs.1,500/- and the said amount is being paid continuously. Therefore, in view of the above circumstances, the order passed by the Magistrate enhancing the maintenance to Rs.1,500/- shall become executable from the date of this order and the earlier amount of Rs.1,000/- shall be treated as the amount of maintenance for the period from which the proceedings are pending. 5. Accordingly, the Criminal Petition is disposed of holding that the petitioners will be entitled for enhanced maintenance from the date of this order while confirming the amount of Rs.1,000/- granted earlier as the maintenance they are entitled to. _____________________________ N.R.L. NAGESWARA RAO, J Date:15.12.2011. Gk THE HON’BLE SRI JUSTICE N.R.L. NAGESWARA RAO CRIMINAL PETITION No. 6559 of 2009 DATE: 15.12.2011 Gk