THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No.90 of 2008 ORDER: This Criminal Petition is filed seeking to quash the order, dated 28.12.2007, passed by the IV Additional Sessions Court, Nellore, in Crl.R.C.No.37 of 2007, whereunder and whereby the petitioner was directed to pay monthly maintenance of Rs.4,000/- to the second respondent herein. 2. Learned counsel for the petitioner contended that since the maintenance was not granted to the mother of the second respondent herein, she is misusing the amount of maintenance granted to the minor boy and not utilizing it properly towards the maintenance of the minor boy. 3. On the other hand, learned counsel for the second respondent contended that the amount of maintenance is being used for the maintenance of the minor boy only. He further submitted that the minor boy is a mentally retarded person and hence, medical treatment is necessary to him, in which case, even the sum of Rs.4,000/- per month granted towards maintenance of the boy is not sufficient to meet the medical and educational expenses of the minor boy. 4.The powers under Section 482 of the Code of Criminal Procedure can be exercised by this Court ordinarily when there is an abuse of process of Court or to carry out the orders passed under the Code or to secure the ends of justice. 5. Initially, the learned IV Additional Judicial Magistrate of First Class, Nellore, by the order, dated 08.03.2007, passed in M.C.No.1 of 2005, directed the petitioner to pay monthly maintenance of Rs.1,500/- to the second respondent herein. On Revision, in Crl.R.C.No.37 of 2007, the IV Additional Sessions Court, Nellore, enhanced the same to Rs.4,000/- per month by the impugned order, dated 28.12.2007. Admittedly, the second respondent-minor boy is in the custody of his mother. Paternity of the petitioner in respect of the second respondent-minor boy is not in dispute. Hence, the petitioner is bound to pay maintenance to his minor son irrespective of the fact whether the minor boy resides with him or not. 6. According to the learned counsel for the petitioner, granting maintenance at the rate of Rs.4,000/- per month to the second respondent-minor boy without there being any evidence on record is an abuse of process of the Court. 7. Before the trial Court, it was the case of the second respondent herein, that the petitioner is a Doctor, working in Apollo Hospital and getting salary of Rs.40,000/- per month, apart from the fact that he owns a building worth about Rs.25,00,000/-. 8. The petitioner is the best person to speak about his earnings, viz., whatever he was earning as a Doctor in a medical profession. The documents would be within his control and knowledge. But, he has not come forward with any documentary proof to show about his earnings. Therefore, the revisional Court below rightly enhanced the maintenance amount from Rs.1,500/- to Rs.4,000/- per month, considering the fact that the boy is suffering from mental disorder and needs medical attention throughout his life. Even granting of Rs.4,000/- per month towards maintenance of the second respondent herein is hardly sufficient to meet the medical and educational expenses of the minor boy. Hence, the order, dated 28.12.2007, passed by the IV Additional Sessions Court, Nellore, in Crl.R.C.No.37 of 2007, enhancing the maintenance from Rs.1,500/- to Rs.4,000/- per month cannot be said to be perverse or incorrect. Even otherwise also, this Criminal Petition is liable to be dismissed because it appears to have been filed to circumvent the provisions of Section 397 (3) Cr.P.C. 9. In the result, the Criminal Petition is dismissed. _____________________ JUSTICE K.C.BHANU 23rd July, 2010 dr