HONOURABLE SRI JUSTICE G.V. SEETHAPATHY CRIMINAL PETITION No:2108 of 2009 ORDER: This petition is filed under section 482 Cr.P.C., assailing the order dated 5.3.2009 in Crl.M.P.No.1251 of 2008 in M.C.No.23 of 2001 on the file of the Family Court, East Godavari, Rajahmundry, wherein the said application filed by respondents 1 to 3 herein for enhancement of monthly maintenance amount from Rs.300/- to Rs.3,000/- was allowed in part granting enhancement to Rs.1,000/- to each of respondents 1 to 3 herein. 2. Heard the learned Counsel appearing for the petitioner and respondents 1 to 3 and the learned Additional Public Prosecutor representing the 4th respondent-State. Perused the record. 3. It is not disputed that the 1st respondent is the wife and respondents 2 and 3 are children of the petitioner. Respondents 1 to 3 filed M.C.No.23 of 2001 against the petitioner under Section 125 Cr.P.C. seeking maintenance. The learned Magistrate ordered maintenance at the rate of Rs.300/- p.m., each in the year 2001. Subsequently, seven years later, respondents 1 to 3 filed the present application seeking enhancement of maintenance to Rs.3,000/- per month on the ground that the petitioner herein has been working as a pastor in the Church and is also working as stringer for Vartha daily newspaper and is earning Rs.10,000/- per month as a pastor and Rs.6,000/- per month as a news reporter. The petitioner herein denied the same and contended before the trial Court that he gave up pastor profession as it was not fetching any income and he is getting only Rs.1,000/- per month when his news items are published in the newspaper. 4. Neither the petitioner nor the respondents have adduced any evidence before the trial Court in support of their respective contentions pertaining to the income of the petitioner. The trial Court was left to decide the matter on the oral testimony of the 1st respondent, who was examined as P.W.1 and the petitioner, who was examined as R.W.1. The trial Court however enhanced the monthly maintenance from Rs.300/- to Rs.1,000/- to each of respondents 1 to 3 herein. 5. This Court by interim order dated 6.4.2009 directed the petitioner to pay maintenance at the rate of Rs.500/- to each of respondents 1 to 3 before 10th of every succeeding month. The respondents herein have not adduced any evidence to show that the petitioner is earning Rs.10,000/- per month as a pastor and Rs.6,000/- p.m., as a news reporter of Vartha daily newspaper. In the absence of such evidence, enhancement of maintenance from Rs.300/- to Rs.1,000/- appears to be rather on higher side. In the circumstances, it is considered that the ends of justice would be met by confirming the interim order passed earlier on 6.4.2009 whereunder the petitioner was directed to pay enhanced maintenance at the rate of Rs.500/- per month to each of respondents 1 to 3 per month, before 10th of every succeeding month. 6. Learned Counsel for respondents 1 to 3 would submit that the petitioner has not complied with the interim order and he failed to pay the arrears of maintenance upto date. Learned Counsel for the petitioner disputes the same. It is open to the respondents to take necessary steps before the trial Court to execute the order in case the arrears of interim maintenance as directed by this Court are not paid by the petitioner. 7. In the circumstances, the impugned order is modified by directing that the petitioner shall pay enhanced maintenance of Rs.500/- per month to each of respondents 1 to 3 before 10th of every succeeding month and also pay the entire arrears of maintenance, if any upto date, within a period of four weeks from today. 8. In the result, Criminal Petition is disposed of as stated above. Interim stay granted on 6.4.2009 is vacated. ________________________ Justice G.V. Seethapathy Date: 18th November, 2010 Nn. HONOURABLE SRI JUSTICE G.V. SEETHAPATHY CRIMINAL PETITION No:2108 OF 2009 18.11.2010