HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.R.C.No. 526 of 2010 O R D E R: This revision petition is filed by the destitute wife and minor child against order dated 16-12-2009 passed by the Judge, Family Court, Vijayawada in M.C.No. 21 of 2004, by which the lower court granted maintenance of Rs.1500/- each to the petitioners 1 and 2 totalling Rs.3,000/- p.m. The husband/father did not file any revision petition questioning that order. In this revision petition, the petitioners’ counsel contended that having regard to present day salary of Rs.21,340/- and subsequent enhancement of D.As by the Central Government, the lower court should have granted higher amount of maintenance to the petitioners. Claim of the petitioners 1 and 2 in the lower court was for Rs.5,000 each. Petitioners did not produce any documentary proof regarding salary of the 1st respondent as on the date of filing of the maintenance case in the lower court in the year 2004. Though the lower court granted maintenance in December, 2009, it relates back to the date of filing of maintenance case in the lower court. In the absence of any proof of income of the 1st respondent as BSNL employee or Telecom employee in the year 2004, it cannot be said that total maintenance of Rs.3000/- granted by the lower court is in any way unreasonable or grossly low. 2. The petitioners’ counsel contended that as per interim order passed by this court, maintenance may be fixed at that rate of Rs.6000/- in toto. The said interim order was passed ex-parte and behind the back of the 1st respondent even without notice. I find that present day income of the petitioner in the year 2010 is not a relevant factor in fixing maintenance from the year 2004. In case, the petitioners feel that maintenance awarded by the lower court is not commensurate with the income of the 1st respondent as on today, then the petitioners are at liberty to file a petition for enhancement of maintenance before the lower court under Section 127 Cr.P.C. 3. Hence the revision petition is dismissed. ____________________________ SAMUDRALA GOVINDARAJULU, J 18-06-2010 Mjl/* HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRL.R.C.No. 526 of 2010 Dated: 18-06-2010 Mjl/*