1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2773 OF 2006 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. C.K. Bhangoji i/b Mr. R.K. Mendadkar for the petitioner. Mr. Vaibhav R. Gaikwad i/b Mr. Umesh Mankapure for respondent no.2. Mr. Y.S. Shinde, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 14TH DECEMBER 2009 P.C. : 1. By this petition, the petitioner challenges the order dated 4th February 2005 passed by the learned J.M.F.C. awarding her maintenance of Rs.500/- per month as also the order of the learned Additional Sessions Judge confirming the said order. 2 2. The petitioner is the wife and is claiming enhancement of the maintenance. 3. Learned counsel for the petitioner submitted that the petitioner had filed the complaint under section 498-A of the I.P.C. for the harassment caused to her and the averments regarding harassment in the said complaint ought to have been taken into consideration while awarding the maintenance. I am unable to agree. The alleged harassment may be a justification for residing separately without forfeiting claim of maintenance. But the quantum of maintenance would not depend upon the alleged harassment meted out to the petitioner. That is not a relevant circumstance in determining the quantum of maintenance to be awarded to the petitioner. The relevant circumstance, inter alia, would be whether the petitioner is able to maintain herself, what is the income of the husband and what would be the appropriate amount of maintenance taking 3 into consideration the income and status of the parties. 4. No other ground for enhancement of the amount of maintenance was urged. 5. There is no merit in the petition which is hereby dismissed. (D.G. KARNIK, J.)