1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1320 OF 2009 Suresh Kisanrao Mapare ... Petitioner versus Nita Suresh Mapare & Anr ... Respondents ... Ms.Padma Karulkar i/b Mr.Pratap Patil for the petitioner. Mr.S.V. Gajare APP for the State. CORAM : D.G. KARNIK, J. DATED : 30th November 2009 P.C. 1. By this petition, the petitioner challenges the order of maintenance passed in favour of the respondent no.1 by the learned JMFC, Karad and confirmed in revision by the Addl. Sessions Judge. The Magistrate has recorded a finding of fact that the salary of the respondent was Rs.5,000/- and has awarded a maintenance of Rs. 1,000/- . The Sessions Court has also confirmed the said finding and I find no error therein. 2. Learned counsel for the petitioner however submitted that respondent wife was doing the work of tailoring and business of sale of 2 milk and was earning Rs.7,000/- and therefore she is not entitled to any maintenance. No evidence was adduced by the petitioner before the trial court in that regard and trial court has therefore not accepted the coontention. The Sessions Court has also held that petitioner has not proved the allegation that the respondent has any income. Counsel submitted that petitioner was not given an opportunity of adducing the evidence. Petitioner had all the opportunity of adducing evidence but he asked for adjournment which request was rejected. Taking into consideration the plight of the wife, the Magistrate was justified in refusing adjournment especially when it was sought after the entire evidence of the respondent was already recorded and application was old. It may be noted that petitioner even did not appear before the Sessions Court and that shows his intention is only to delay the proceedings. 3. There is no merit in the petition which is hereby dismissed. (D.G. KARNIK,J.)