HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:1556 OF 2010 JUDGMENT: The petitioners, who are the wife and child of the respondent filed M.C.No.48 of 2008 before the Court below, under Section 125 Cr.P.C., claiming maintenance at the rate of Rs.3,000/- and Rs.2,000/- per month respectively. The respondent-husband contested the said matter. After trial, the trial Court having assessed the evidence and also taking the other circumstances into consideration awarded maintenance at the rate of Rs.1,000/- p.m., to the wife and Rs.500/- p.m., to the child. Stating that the said amount of maintenance is inadequate, the wife and child approached this Court and filed the present revision. On 7.10.2010 this Court while ordering notice before admission directed the Counsel for the petitioners to take out personal notice to the respondent and file proof of service. Accordingly, the learned Counsel took out personal notice to the respondent-Devasahayam. But however, the same was returned with postal endorsement dated 16.10.2010 as “refused”. As the same is returned with the said endorsement, this Court is of the view that the said notice is deemed to have been served. Heard. Learned Counsel for the petitioners contends that the respondent-husband is working at Sri Praja Sai Hospital and earning about Rs.10,000/- per month and he also owns a house worth Rs.25,00,000/-. As the respondent has not chosen to put in appearance, the said contention is not rebutted. The relationship is not in dispute. Apparently, the petitioners are the wife and child of the respondent. When once the said relationship is admitted, in my considered view, the respondent- husband is having a duty to maintain them. Apparently, the amount of maintenance i.e., Rs.1,500/- to the petitioners is very meager. However, as there is no evidence with regard to the earnings of the respondent, this Court is of the view that the same can be enhanced by another Rs.1,500/- viz., Rs.1,000/- to the wife and Rs.500/- to the child. Accordingly, the Criminal Revision Case is allowed by enhancing the maintenance awarded to the wife from Rs.1,000/- to Rs.2,000/-p.m., and also to the child from Rs.500/- to Rs.1,000/-. The said maintenance shall be paid from the date of the order in M.C.No.48 of 2008. __________________________ Justice Gopala Krishna Tamada Dated: 1.4.2011 Nn HONOURABLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL REVISION CASE No:1556 OF 2010 1.4.2011