THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3600/2007 Date of Order: 26-08-2010 Between: Kada Subba Rao ..Petitioner and 1. Kada Jahnavi and another ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY Crl.P.No.3300/2007 Oral order: This petition under Sec. 482 Cr.P.C., by the petitioner- father is filed to quash the orders passed by VII Additional Sessions Judge, Kakinada dt. 29-12-2006 passed in Crl.R.P.No.110/2005, whereby and whereunder, revision filed by the petitioner-father was dismissed confirming the maintenance awarded at Rs.2000/-, to the respondent-daughter by the learned IV Addl. Judicial First Class Magistrate, Kakinada by order dt. 29-9-2005 passed in MC No.49/2002 The petitioner herein is the father of the respondent. He will be hereinafter referred to as “the petitioner-father”, and respondent, who is the daughter of the petitioner, will be hereinafter referred to as “the respondent-daughter”. The respondent-daughter filed MC No.49/2002 stating that she is the daughter of the petitioner and Kada Rama Kumari; that her mother and her elder sister Sukanya filed MC No.43/2005 against the petitioner-father and the same was allowed; that a case filed for the offence under Sec. 498-A IPC against the petitioner-father was compromised between the parties and on such compromise, the mother of the respondent-daughter joined the company of the petitioner-father and during that period, the respondent-daughter was born on 19-1-1999 and after that the petitioner-father deserted his wife Kada Rama Kumari and since the respondent-daughter has no means to maintain herself, she filed the above MC through her mother and natural guardian Kada Rama Kumari. The petitioner-father contested the matter by filing counter stating that he has no means to maintain the respondent-daughter; that attempts made by him to receive the respondent-daughter to his fold proved futile and he is ready and willing to receive the respondent-daughter and her sister and her mother (wife of the petitioner-father). Before the trial court, on behalf of the respondent-daughter, the mother of the respondent-daughter was examined as P.W.1. On behalf of the petitioner-father, he himself examined as R.W.1. No exhibits were got marked on both sides. On appreciating the evidence adduced by the parties, the learned Magistrate awarded Rs.2000/- towards monthly maintenance to the respondent-daughter holding that R.W.1 in his evidence admitted that there are no properties in the name of his wife ie., the mother of the respondent-daughter. There is no evidence on record that the mother of the respondent-daughter is an earning member to meet the expenses of her daughter. The petitioner-father is bound to maintain his daughter. R.W.1 in his evidence stated that he is working as Constable and he is getting a salary of Rs.3800/- per month and he is working, as such, for the last 20 years. P.W.1 deposed that the petitioner-father is drawing salary of Rs. 10000/- per month and getting Rs.5000/- from the finance business, but there is no evidence on either side. On revision case filed by the petitioner-father, the lower appellate court dismissed the revision case confirming the maintenance awarded by the trial court. Questioning the same, the present criminal petition is filed. The petitioner-father has not adduced any evidence about his receiving gross salary and net salary. Though the petitioner-father in his evidence stated that he is drawing only Rs.3,800/- and he is working since 20 years, he would have drawn more than Rs.10,000/- per month. Considering the present state of living conditions, the maintenance awarded at Rs.2,000/- is reasonable. This court cannot sit as a court of appeal and disturb the finding of fact by the courts below after considering all the materials on record by reappreciating the evidence. I do not find any infirmity in the orders passed by the lower appellate court confirming the maintenance awarded by the trial court. The Criminal Petition is accordingly dismissed. ________________ A.GOPAL REDDY, J. Dt.26-8-20110 kmr