IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.1476 OF 2006 Isub Ahmad Naik .. Petitioner Vs. Khairunnisa Isub Naik & Anr. .. Respondents Smt.Shakuntala A. Mudbidri for the petitioner. None for respondent No.1. Mr.D.R.More, A.P.P for the State. CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE : 07th July, 2008. P.C.: . Heard the advocate appearing for the petitioner. The petitioner is the husband. The challenge in this Writ Petition under Article 227 of the Constitution of India is to an order passed by the learned Magistrate by which a maintenance amount of Rs.500/- per month has been granted in favour of the first respondent wife. The said order has been confirmed in the revision application. 2. The learned counsel for the petitioner submitted that the petitioner is a 74 years old person who has to look after his second wife, mother and other family members. It is stated that he has no source of income. : 2 : It is submitted that on the other hand, the first respondent wife is a Member of Village Panchayat. It is submitted that the first respondent wife has constructed a house by spending a sum of Rs.50,000/-. Lastly, it is submitted that the first respondent is in possession of certain property of the petitioner. 3. I have considered the submissions. Initially, an order was passed in the year 1975 granting maintenance of Rs.60/- per month in favour of the first respondent. In the year 1985, the said amount was enhanced to Rs.75/- per month. In the year 1990, the said amount was enhanced to Rs.150/- per month. In the year 2002, an application was made by the first respondent under section 127 of the said Code of Criminal Procedure, 1973 for enhancement at the rate of Rs.1,500/- per month. The learned Magistrate enhanced the amount to Rs.500/- per month. The said order has been confirmed by the Sessions Court in Revision. 4. The petitioner has not challenged earlier orders granting maintenance. The maintenance at the rate of Rs.150/- granted in the year 1990 has been enhanced to Rs.500/- in the year 2004. : 3 : 5. In so far as construction of house by the first respondent is concerned, a witness has been examined by the first respondent who stated that for construction/repairs of the house the said witness had advanced certain amount to the first respondent. The petitioner had never disputed his responsibility of maintaining the first respondent wife. Even according to his case, he has been paying maintenance at the rate of Rs.150/- per month from the year 1990. If maintenance amount of Rs.150/- fixed in the year 1990 is enhanced to a sum of Rs.500/- per month in the year 2004, it is not possible to interfere with the said order in extra-ordinary jurisdiction of this Court under Article 227 of the Constitution of India. There is no merit in the petition and the same is rejected. (A.S.Oka,J)