(1) CRI. WP. 613.2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 613 OF 2009 Deelip S/o Sayaji Wagh Age : 47 years, Occu.: Labour, R/o Durgawadi, Ward No.7, Tq. Vaijapur, Dist. Aurangabad .. Petitioner VERSUS 1] Prashant S/o Deelip Wagh Through his mother Sow. Usha W/o Deelip Wagh, Age: 42 years, Occu.: Service, R/o Savandgaon, Primary Health Center Quarter, Tq. Vaijapur, Dist.Aurangabad 2] Sow. Usha W/o Deelip Wagh, Age: 42 years, Occu.: Service, R/o Savandgaon, Primary Health Center Quarter, Tq. Vaijapur, Dist. Aurangabad .. Respondents Mr. S.G. Ladda, Advocate h/f. Mr. S.S. Ladda, Advocate for the Petitioner None present for the respondents though served ... CORAM : A.V. NIRGUDE, J. DATED : 17TH MARCH, 2010 PER COURT:- 1] This Criminal Writ Petition is challenging the judgment and order passed by the learned Additional Sessions Judge-2, Aurangabad in Criminal Revision no. 230 of 2008. This revision was filed (2) CRI. WP. 613.2009 by the respondents against the rejection of their application under section 125 of the Code of Criminal Procedure. The learned Additional Sessions Judge-2, Aurangabad allowed the application only to the extent of respondent no.4 Prashant who admittedly is a minor son of the petitioner. It is also an admitted fact that the respondent no.4 Prashant has been staying with respondent no.1, the wife of the petitioner since prior to filing of the application under section 125 of the Code of Criminal Procedure. 2] I find nothing illegal in the order because the petitioner is duty bound to maintain his son. No doubt, the mother of the respondent no.4 has independent income and she has been maintaining him, yet the petitioner cannot shirk his liability to contribute certain amount towards the maintenance of his minor son. At this stage, there is no question of re-appreciation of the facts of the case. So also, there cannot be any discussion on the quantum of maintenance. 3] Criminal Writ Petition stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp