THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 81 OF 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the order dated 14.10.2008 in Criminal Revision Petition No.4 of 2008 on the file of the Judge, Family Court, Khammam, whereunder and whereby the learned Judge modified the maintenance granted to the first respondent herein, in order dated 12.7.2007 in Crl.M.P. No.2325 of 2006 in M.C. No.12 of 2005 on the file of the Special Judicial Magistrate of First Class, Prohibition & Excise, Khammam, from Rs.3,000/- to Rs.2,000/- per month. 2. Heard both sides. 3. There cannot be any dispute that inherent powers under Section 482 Cr.P.C. can be exercised when there is an abuse of process of Court or to secure ends of justice or to give effect to any order under the Code. The petitioner herein is the husband of the first respondent herein. Income of the husband has to be taken into consideration for the purpose of determining the quantum of maintenance, which is just and reasonable. On his own showing, the petitioner was getting income of Rs.3,000/- per month as labourer. Admittedly, he was having two houses. In one house, he is residing and another house was let out. Finding of the trial Court is that the house would fetch rent @ not less than Rs.5,000/- per month. In such a case, for the purpose of determining the maintenance, income of the husband can be taken as Rs.8,000/- per month, and 1/3rd thereof can be awarded to the wife towards maintenance. Therefore, impugned order of granting maintenance @ Rs.2,000/- per month to the petitioner is not shown to be on higher side or beyond the capacity of the petitioner. Hence, there are no grounds to interfere with the impugned order. 4. The Criminal Petition is devoid of merit and is, accordingly, dismissed. ---------------- 22.7.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 81 OF 2009 Date: 22.7.2010 Between: Vemula Saidulu, s/o. late Roshaiah …Petitioner And Vemula Dhanamma,w/o. Saidulu & another …Respondents THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 81 OF 2009 22.7.2010