1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1950 OF 2007 Mohammed Aslam Mohammed Yunus ..Petitioner V/s. The State of Maharashtra & ors ..Respondents Mr.Abhaykumar Apte i/b.Mrs.Rohini Wagh, Advocate, for petitioner Mr.Y.S.Shinde, A.P.P, for the State CORAM : A.S.OKA, J. DATE : 12TH SEPTEMBER, 2008 P.C. . The petitioner husband has taken an exception to the Order dated 10th November, 2005 passed by the Judicial Magistrate First Class, Yeola, by which the petitioner has been directed to pay maintenance at the rate of Rs.1000/- per month to the second respondent wife under Section 125 of the Code of Criminal Procedure, 1973. Criminal Revision Application preferred by the petitioner for challenging the said Order has been dismissed. 2 2. The learned counsel appering for the petitioner states that the petitioner was always ready and willing to cohabit with the second respondent and there was no refusal or neglect on his part to maintain the second respondent. He states that the second marriage was performed by the petitioner with the express approval of the second respondent and on that count, the second respondent cannot refuse to reside with the petitioner. 3. I have considered the submissions. On appreciation of evidence on record the Courts below have concurrently held that the petitioner refused or neglected to maintain the second respondent. The Sessions Court, after considering the facts of the case, has come to the conclusion that as the petitioner was residing with his second wife, the second respondent rightly declined to remain in the company of the petitioner. 4. It is not possible to interfere with the concurrent findings recorded by the Courts below in this petition under Article 227 of the Constitution of India especially when the maintenance of only 3 Rs.1000/- per month has been awarded. No case for interference is made out. Criminal Writ Petition is rejected. (A.S.OKA, J.)