THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION No.4342 of 2007 ORDER: First respondent is wife of the petitioner and respondent nos.2 to 4 are their children. They filed M.C.No.20 of 2003 on the file of the II Additional Judicial First Class Magistrate, Nellore, claiming maintenance from the petitioner @ Rs.1,500/- per month to the first respondent and Rs.1,000/- per month each to the respondent nos.2 to 4. On behalf of the wife and children, P.Ws.1 to 4 were examined and Exs.R.1 to R.4 were marked. On behalf of the husband, he himself was examined as R.W.1 and no documents were marked. Having considered the oral and documentary evidence, the trial Court, by order dated 03.01.2005, awarded maintenance @ Rs.500/- per month each to the wife and children from the date of the petition till the date of that order. Questioning the same, the petitioner herein filed Crl.R.P.No.13 of 2004 on the file of the IV Additional District & Sessions Judge (Fast Track Court), Nellore and, by order dated 27.06.2006, the same was dismissed but, however, modified the order passed by the trial Court to the effect that the wife and children are entitled for the maintenance from the date of the petition. Hence, this petition under Section 482 of Cr.P.C. 2. The contention of the learned counsel for the petitioner is that the marriage between the petitioner and the first respondent stood dissolved by a judgment and decree dated 13.06.2006 in O.S.No.976 of 2003 on the file of the Principal Junior Civil Judge, Nellore, and having regard to the said fact the Court below ought not to have awarded any maintenance to the first petitioner. However, the said fact was disputed by the learned counsel for the respondents that at no point of time there was divorce between the parties. 3. In my considered view, the petition is wholly misconceived. The law is well settled that even a divorced wife is entitled to the maintenance. Further, this is a petition under Section 482 of Cr.P.C. wherein this Court has to exercise its inherent powers. Having considered the orders passed by the Courts below, this Court is thoroughly satisfied that the said orders are on the basis of substantial evidence. Hence, this Court sees no merits in this petition and is thus dismissed. ________________________________ GOPALA KRISHNA TAMADA, J 14th June 2010 CVRK THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION Nos.4342 of 2007 14th June 2010 CVRK