THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.4265 OF 2008 ORDER: This Criminal Petition is filed under Section 482 Cr.P.C. to increase maintenance reduced to Rs.800/- per month from the date of filing M.C.No.38 of 2006 on the file of the Court of Judicial Magistrate of First Class-cum-Special Mobile Court, Eluru which granted the maintenance at Rs.1500/- from the date of same petition vide common order dated 15.11.2007 in Crl.R.P.Nos.8 and 32 of 2007 on the file of the Court of Principal Sessions Judge, Eluru, West Godavari district. The petitioner herein is the second respondent in Crl.R.P.No.8 of 2007 and second petitioner in Crl.R.P.No.32 of 2007 on the file of the Principal Sessions Judge, Eluru, West Godavari district and second petitioner in the maintenance case. The first respondent herein is the petitioner in Crl.R.P.No.8 of 2007 and first respondent in Crl.R.P.No.32 of 2007 and first respondent in the maintenance case. For the sake of convenience, the parties hereinafter referred to as arrayed in the maintenance case. The petitioners 1 and 2 in the maintenance case being the wife and daughter of the other party filed it under Section 125 Cr.P.C. for granting maintenance of Rs.2000/- per month to the first of them and Rs.3000/- to the second of them, whereas the enquiry Court awarded Rs.1500/- to the first of them and Rs.800/- to the second of them and by the common order dated 15.11.2007 in the Criminal Revision Petition filed by the husband to set aside that order and the other Criminal Revision Petition filed by the wife and daughter to enhance the amounts awarded to them the amount awarded to the second of them was reduced to Rs.800/- while confirming the amount awarded to the first of them and aggrieved by the same, the present criminal petition is filed. It is the contention of learned counsel for the second petitioner that the respondent has got Ac.8.00 of wet land and he is getting Rs.4.00 lakhs income per annum and the enquiry Court had not taken the same into consideration and the second petitioner is aged 11 years and is studying 6th class and in fact Rs.15,000/- is to be paid towards her school fee per annum and therefore, the amount awarded to her being very meagre is to be enhanced. On the other hand, it is the contention of learned counsel for the respondent that there is no basis to say that the respondent is getting income of Rs.4.00 lakhs per annum and the amount awarded to the daughter is reasonable and there is no reason to enhance the same. However, the learned counsel has conceded that the respondent got wet land of Ac.8.00. It is also contended by him that the income of the mother is also to be taken into consideration while awarding maintenance to the child. Hence, the point for consideration is that whether sufficient grounds are there in order to enhance the amount awarded to the second petitioner. The second petitioner is entitled to necessary maintenance subject to the income of the respondent. Further, as per law, both the parents are liable to provide necessary maintenance to the child independently subject to having sufficient properties and income and one of them cannot question the right of the child to claim maintenance against him or her on the ground that the other got independent source of income and he or she got obligation to maintain the child. Therefore, the child can proceed against any of one of them and seek necessary maintenance. If such a proposition is accepted and implemented great injustice may be done to such children and in such case, they have to live as destitutes having been deprived of their rights to claim reasonable maintenance from them or either of them. It is pertinent to note that admittedly, the respondent got Ac.8.00 of wet land, therefore he must be getting good income every year. Further, when she is studying 6th class, she requires good amount towards her academic fee. It is important that it is also contended by the learned counsel for the respondent that Rs.15,000/- per annum has to be paid towards her school fee. Taking into consideration the facts and circumstances of the case, the amount awarded to the petitioner herein is enhanced to Rs.1750/- from Rs.800/- per month from the date of petition. The petition is accordingly disposed of. ______________________ G. KRISHNA MOHAN REDDY, J Dated: 2.9.2011 DA THE HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.4265 OF 2008 2.9.2011 HON’BLE SRI JUSTICE G. KRISHNA MOHAN REDDY CRIMINAL PETITION No.4265 OF 2008 DATE: 2-9-2011 BETWEEN: Garapati Sravani Petitioner/R2 AND 1. Garapati Rajasekhar. 2. The State of A.P., Rep. by Public Prosecutor, High Court of A.P., Hyderabad. Respondents