HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5520 OF 2006 & CRIMINAL PETITION NO.5522 OF 2006 DATE:23.10.2009 Between: …….Petitioner And: ……Respondent HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5520 OF 2006 & CRIMINAL PETITION NO.5522 OF 2006 COMMON ORDER: These two Criminal Petitions arises out of maintenance proceedings questioning enhancement of maintenance to wife and the child and also questioning right of the wife and the child for maintenance. Originally in M.C.No.22 of 1990, the Additional Judicial Magistrate of the First Class, Gudivada granted maintenance of Rs.200/- to the wife and Rs.100/- to the minor daughter. Subsequently in M.C.No.32 of 1995, the said rates of maintenance were enhanced to Rs.350/- to the wife and Rs.400/- to the minor daughter. Now in M.C.No.43 of 2003 maintenance was enhanced to Rs.1,500/- per month to each of them. It is contended that the wife is having Ac.2.00 of land and that she is getting income therefrom and that she is also getting income from other sources and that the minor daughter attained the age of majority and that therefore, they are no longer entitled for maintenance under Section 125 of the Code of Criminal Procedure. In so far as rate of maintenance is concerned, both the courts below based enhancement on enhanced salary being drawn by the husband. The husband is working as Senior Superintendent in Delton Casting Unit at Uppal, Hyderabad. Ex.R-1 is his pay slip. The Sessions Judge observed that as per the pay slip, the husband is getting salary of Rs.7,360/-. Apart from that, the husband is entitled for other perks. Therefore, the Sessions Judge finally observed that the husband is getting total amount of Rs.11,000/- per month. It is stated that apart from his salary, the husband is having rights in Ac.3.60 cents of land which is standing in the name of his father. In so far as the land of Ac.2.00 owned by the wife is concerned, there is no dispute. P.W.2 is tenant therein. According to them, the rent is Rs.3,000/- per year for the land. Since the wife is suffering from illness, as can be seen from Ex.P-19 certificate, the lower courts rightly concluded that the petitioner is not in a position to work for gain. Having regard to the evidence on record and having regard to income of the husband, the lower courts rightly enhanced the maintenance to the extent of Rs.1,500/- per month to each of the wife and the minor daughter. It is contended by the counsel for the petitioners that when the wife and the minor daughter filed O.S.No.105 of 1999 in the Family Court, Vijayawada for maintenance of Rs.3,000/- per month, in addition to the maintenance granted in M.C.No.32 of 1995 by the Magistrate, the Family Court finally came to the conclusion that they are not entitled for more maintenance than the amount granted by the Magistrate. That does not mean that the wife and the minor child are de-barred from claiming any maintenance over and above that was granted in M.C.No.32 of 1995. M.C.No.43 of 2003 was filed during pendency of O.S.No.105 of 1999. Result and observations in O.S.No.105 of 1999 are always subject to pending M.C.No.43 of 2003. Judgment in O.S.No.105 of 1999 was passed by the Family Court on 06.11.2004 after M.C.No.43 of 2003 was filed for enhancement of maintenance. Therefore, observations of the Family Court will not in any way fetter right of the wife and the minor child to claim enhancement of maintenance under the provisions of the Code of Criminal Procedure. In so far as the minor child/daughter is concerned, she is not married but even such female child is not entitled for maintenance from her father after attaining the age of majority. It is contended that the daughter had also attained the age of majority. In case the daughter attained age of majority, then the major daughter will not be entitled to any maintenance from the date of attaining the majority. With the above observations, both the Criminal Petitions are dismissed. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date:23.10.2009 Gk. HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.5520 OF 2006 & CRIMINAL PETITION NO.5522 OF 2006 DATE:23.10.2009 Gk.