IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2793 OF 2009 Between: Vajrapu Sudhakar .....PETITIONER AND Vajrapu Souseelya and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2793 OF 2009 ORDER: This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed to quash the order, dated 19.02.2009, in Criminal Revision Petition No.164 of 2007, on the file of IV Additional Sessions Judge (Fast Track Court), Rajahmundry, East Godavari District, whereunder and whereby, the maintenance granted by order, dated 20.11.2007, in M.C.No.273 of 2004, on the file of IV Additional Junior Civil Judge, Rajahmundry, East Godavari District, was confirmed. 2. For better appreciation of facts, the parties hereinafter are referred to as they were arrayed in the trial Court. 3. The brief facts that are necessary for disposal of the present Criminal Petition may be stated as follows: Petitioner No.1 is the legally wedded wife of the respondent with whom her marriage was performed on 05.05.1994 according to Christian Rites and Customs. During their wedlock, petitioner Nos.2 and 3 were born to them. Thereafter, it has come to light that the respondent had love affair with another girl prior to his marriage with petitioner No.1. The respondent started harassing petitioner No.1, both physically and mentally, to bring additional dowry and for other reasons. In spite of mediation, there was no change in the attitude of the respondent. As petitioner No.1 refused to sign on blank papers, at the demand of the respondent and others, she was beaten black and blue and was necked out from the house. All the petitioners were taking shelter at petitioner No.1’s parents house. The petitioners have no source of income and they were unable to maintain themselves. Hence, the petitioners filed Maintenance Case against the respondent. The respondent while admitting the relationship between him and petitioner No.1, denied all other allegations and stated that he was working as attender in C.B.M. High School of Kakinada, getting a salary of Rs.3,000/- per month and that he was always willing to undertake the petitioners to lead happy life. 4. On behalf of the petitioners, PWs.1 and 2 were examined and Exs.P1 to P11 were got marked. The respondent himself was examined as RW.1, but no documents were got marked on his behalf. 5. The trial Court, after considering the evidence on record, granted maintenance of Rs.1,000/- per month to petitioner No.1 and Rs.750/- per month each to petitioner Nos.2 and 3. On revision, the said order was confirmed. Challenging the concurrent findings of both the Courts below, the present Criminal Petition is filed by the respondent. 6. Inherent powers under Section 482 Cr.P.C. can be invoked to prevent abuse of process of Court or to secure ends of justice or to give effect to the orders passed under the Code. 7. The only contention raised by the learned counsel for the petitioner herein is that the income of respondent No.1 herein has not been taken into consideration, in view of the fact that she is working as ANM in the Health Department of Municipal Corporation of Rajahmundry and hence, he prays to quash the impugned orders. 8. On the other hand, learned counsel for respondent Nos.1 to 3 herein contended that there is no evidence produced before the Court to show that respondent No.1 herein was working as ANM; that the concurrent findings recorded by both the Courts below need not be interfered with; that there are no grounds to quash the impugned orders and hence, he prays to dismiss the Criminal Petition. 9. In view of the fact that there is a bar under Section 397 (3) Cr.P.C. for filing second revision, to circumvent that provision the inherent powers under Section 482 Cr.P.C. cannot be invoked, unless it is shown that there is totally abuse of process of Court. 10. Admittedly, the petitioner herein has not produced any document to show that respondent No.1 herein was working as ANM in the Health Department of Municipal Corporation of Rajahmundry and she was not dependant on the earning of the petitioner herein. Therefore, in the absence of evidence, the trial Court rightly granted maintenance of Rs.2,500/- per month to respondent Nos.1 to 3 herein, considering the fact that the petitioner herein is working as attender and was getting a gross salary of Rs.7,867/- per month and the same cannot be shown to be on higher side. Hence, there are no grounds to interfere with the impugned orders. 11. Accordingly, the Criminal Petition is dismissed. _______________ K.C. BHANU, J August 19, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CRIMINAL PETITION No.2793 OF 2009 August 19, 2010