1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL APPLICATION NO 3351 OF 2008 Shaikh Feroj Shaikh Abdul Rauf, Age: 26 years, Occu. Nil, r/o Azizpura, In front of Jama Masjid, Kaij, Taluka Kaij, District Beed. ...APPLICANT (Orig.Respondent) VERSUS Nilufer Banu w/o Shaikh Feroj, Age 22 years, Occu. Household, r/o Kaij, At present Pimpla, Dhaiguda, Tal.Ambajogai, District Beed. ...RESPONDENT (Orig.Applicant) ... Mr. S.S.Thombre, Adv., for the applicant. Mr. Gaikwad, Counsel for the respondent. ... CORAM : K.U.CHANDIWAL, J. DATE :18/9/2009 *** P.C.: 1. The award of monthly allowance in Miscellaneous Criminal Application No.110/2004, dt.13.2.2006, confirmed by the learned Additional Sessions Judge, Ambejogai, in Criminal Revision Application No.23/2006, dt.7.9.2007, is 2 questioned by the husband Sk.Feroz in this Court. 2. Heard Counsel. Rule. By consent of the parties, the matter is finally heard and disposed of. 3. Learned Judge found and now cannot be disputed that the copy of Talaknama at Exh.33 is Marathi translation of which original is not produced or proved. The translation could not be accepted against the wife. Naturally, the oral evidence of Kazi or the husband about the so called written Talaknama will not be accepted. The contention that there was time to effect service upon the wife but turned futility as her father is in Post office, may be correct but since there is no service to the wife, that does not mean that the talak has been given effect of any acceptance or statutory compliance. 4. The wife is required to live in the standard as the husband stays and enjoys. The grant of maintenance by the learned Judge at the rate of Rs.600/- per month by order dt.13th Feb., 2006, in the situation was the only order that could have been passed. I do not see any perversity or any illegality of the learned Additional Sessions Judge in dismissing the revision. 3 No merit. Application dismissed. Rule discharged. ( K.U.CHANDIWAL) JUDGE agp/3351-08crapl