1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.318 of 1999 Date of decision: 7/9/2009 For approval and signature HON'BLE MR. JUSTICE K.U.CHANDIWAL 1. Whether the Reporters of Local Papers Yes/No. may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? Yes/No 3. Whether Their Lordships wish to see Yes/No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? Yes/No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the Yes/No. Civil Judges ? 6. Whether the case involves an important Yes/No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? (A.G. PARALIKAR) Private Secretary agp/office/318-99crwp 2 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 318 of 1999 Deelip s/o Chimaji Late, Age 37 years, occ. service, r/o Sharda Vidyalaya, Rahata, tq. Kopergaon, Dist. Ahmednagar. ...PETITIONER (Orig.non applicant) VERSUS 1. Sow. Alka w/o Deelip Late, Age 25 years, occ. nil, r/o Samnapur, tq. Sangamner, Dist. Ahmednagar. 2. Sachin s/o Deelip Late, Age 2 years, minor, u/g of resp. no.1. (copy to be served on resp.no.1.). ...ORIG.APPLICANTS 3. The State of Maharashtra. ...RESPONDENTS ... None for the petitioner. Mr. S.K.Shinde, Adv., for respondent no.1 and 2. Mr. V.D.Godbharle, APP, for respondent no.3. ... CORAM : K.U.CHANDIWAL, J. DATE : 7/9/2009 *** 3 ORAL JUDGMENT: 1. Controversy between husband and wife, leading to wife seeking maintenance by Criminal Miscellaneous Application No.637/1994, wherein, by order dt.15.7.1997, learned Judicial Magistrate, First Class, awarded monthly allowance of Rs.250/- to the wife and Rs.500/- for the son, applicant no.2 Sachin, with costs. The husband challenged the same in Criminal Revision Application No.155/1997 and by order dt. 3rd August, 1999, the learned second Additional District Judge, Shrirampur, dismissed husband's revision and, consequently, the husband is before this Court. 2. By order dt.15.9.2003, the matter is fixed for final hearing. The record indicates, the Counsel for the husband ( petitioner) did not participate whenever the matter was on Board or called. 3. The contention of the husband was that he has filed Hindu Marriage Petition No.15/1992, for declaration that the marriage is a nullity. He claimed that the wife Alka was already pregnant from third person when she got married to husband Deelip. He asserts, he learnt of these facts subsequent to the marriage. The Courts found that the allegations made by the 4 husband did not sustain. 4. The monthly earning of the husband was indicated by the wife, being Assistant Teacher, to be Rs.10,000/- per month and also he has a flour mill. Considering these aspects, the award of maintenance by the learned Judge and confirmed by the revisional Court, cannot be said to be unjust or flowing from any perversity requiring any interference therein. The situation, which was contemporaneously available at the material time, was just to award such maintenance. Criminal Writ Petition No.318/1999 is dismissed. Rule discharged. ( K.U.CHANDIWAL) JUDGE agp/318-99crwp