1 revn131-11.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Criminal Revision Application No.131 of 2011 Vijay Janardhan Karande ..Applicant v/s. Kavita Vijay Karande & Ors. ..Respondents Mr. Salunkhe i/b. P.B.Shah for the applicant/petitioner None for the respondent CORAM : R.Y.GANOO, J. DATED : 23rd March, 2011 P.C. : 1. Respondent no.1 filed application for maintenance under Section 125 of Cr.P.C. before the Civil Court at Nashik. The said proceeding was numbered as Criminal Misc. Application No.765 of 2009. After establishment of the Family Court at Nashik, said proceedings have been transferred to Family Court at Nashik and are numbered as Petition No. B-446 of 2010. An application was filed for maintenance of the respondent no.1 as well as for the respondent no. 2. Learned Judge of the Family Court granted opportunities to the 2 revn131-11.sxw parties to argue the matter and after after considering the evidence on record and the arguments, the learned Judge of the Family Court by order dated 14.2.2011 directed the petitioner to pay the maintenance of Rs.1500/- for the respondent no.1 and Rs.1000/- for the respondent no.2. This order dated 14.2.2011 is challenged in this petition. 2. I have heard learned Counsel for the petitioner. It was sought to be submitted that the learned Judge has made mistake in taking into consideration the manner in which the petitioner is carrying on business. He submitted that the petitioner is carrying on business on the footpath by spreading the utensils and he does not have a shop. According to the learned Counsel for the petitioner, this fact is vital in deciding the earning of the petitioner. 3. In so far as the monthly earning of the petitioner, it is required to be mentioned that in the written statement the petitioner has merely stated that he sells utensils on the foot path. He admits of having borrowed loan from a Co-operative bank. However, he has not mentioned the loan amount. In the absence of the disclosure of the loan, the learned Judge was required to consider the income of the 3 revn131-11.sxw petitioner by applying normal parameters. He has thereafter come to the conclusion that the petitioner must be earning a sum of Rs. 15,000/- to 20,000/- per month. It is the petitioner who should have come out with his earning by giving appropriate material. If the petitioner would have furnished the details as to the amount of loan borrowed, that would have thrown some light on the extent of business carried out by the petitioner. In the absence of the the appropriate material the learned Judge took a judicial notice of certain fact though not specifically mentioned in the order and fixed the income at the rate of Rs.15,000/- to 20,000/-. Thereafter he granted the maintenance to the respondent no.1 at Rs.1500/- and Rs. 1000/- to the respondent no.2. 4. Looking to the monthly earning of the petitioner, the quantum of the maintenance is absolutely reasonable and no interference by this Court is required in the impugned order. 5. In view of the aforesaid discussion, petition is required to be dismissed at the stage of admission. Hence following order is passed to dispose of the petition. 4 revn131-11.sxw ORDER Petition is dismissed at the stage of admission . There shall be no order as to costs. [R.Y.GANOO, J.]