IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1279 OF 2007 Ibrahim Mahibub Fakir .. Petitioner Vs. Sou.Shahnur Ibrahim Fakir & Anr. .. Respondents Mr.Vijay Mane for the petitioner. Mr.J.P.Yagnik, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 26th September 2008. : 26th September 2008. : 26th September 2008. P.C.: . Heard advocate for the petitioner. The challenge is to the order of maintenance passed by the learned Magistrate in favour of the first respondent wife in the sum of Rs.700/- per month and to the order of the Sessions Court by which the said order has been confirmed. 2. The submission of the learned counsel appearing for the petitioner is that the respondent has voluntarily left the company of the petitioner. He pointed out that specific allegation of the petitioner against the first respondent was that she was leading adulterous life and the daughter Salma born to first the respondent was not the daughter of the petitioner. He submitted that infact first the respondent declined to 2 give consent for the daughter undergoing the D.N.A test for the purposes of establishing paternity of the daughter. He, therefore, submitted that the courts were not justified in granting maintenance. 3. The courts below have recorded a concurrent finding of fact that the petitioner has failed to establish that the respondent was leading adulterous life. The petitioner was disputing the status of the daughter by contending that he is not the father of the daughter. Considering the very nature of summary proceedings under section 125 of the Code of Criminal Procedure, 1973, said inquiry was not called for in the said proceedings. The petitioner can always file a declaratory suit in that behalf notwithstanding the orders which are passed in the proceeding under section 125 of the said Code. 4. Subject to what is observed above, no case for interference is made out. Petition is rejected. (A.S. Oka,J)