IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH: HYDERABAD WEDNESDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT: HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1270 OF 2010 BETWEEN: K. Nizamuddin S/o. K. Jamaluddin …. Petitioner AND Kum. Kalaigar Nooha Maheen D/o. K. Naizamuddin and another …. Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL REVISION CASE No.1270 OF 2010 ORDER: This revision petition is sought to be filed by the father against order dated 30-06-2010 passed by the Judge, Additional Family Court, Hyderabad in M.C. No.5 of 2009 by which maintenance of Rs.1,500/- per month was granted to the first respondent / minor child. There is no dispute about the petitioner being father of the first respondent. There is separation between the petitioner and his wife by way of divorce. 2. Admittedly, the first respondent is residing with the mother. In the lower Court neither petitioner let in any oral or documentary evidence nor any oral or documentary evidence was let in on behalf of the first respondent. This Court in ABDUL WAHED v. HAFEEZA BEGUM AND OTHERS[1] held that a petition under Section 125 Cr.P.C., cannot be dismissed for non appearance of the petitioner. In this case, the petitioner is minor child. The said minor petitioner is being represented by her mother. Simply because the child’s mother did not let in any evidence, it cannot be said that the first respondent did not make out any ground for claiming maintenance. The first respondent being a minor is incapable of getting any income. Therefore, the lower Court is perfectly justified in granting maintenance of Rs.1,500/- per month to the first respondent, which amount works out at Rs.50/- per day. 3. In the result, the revision petition is dismissed. __________________________ SAMUDRALA GOVINDARAJULU, J July 14, 2010 KTL [1] 1987 CRL.L.J.726