1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2515 OF 2008 Kamurunissa Shaikh Yusuf and Anr. ... Petitioners. V/s. Shaikh Yusuf A. Inamdar. ... Respondent. Mr. K.S. Patil i/b. Prashant Badole for the Petitioners. Ms. P.P. Bhosle, APP for the State. CORAM : S.C. DHARMADHIKARI,J. DATED : 02nd FEBRUARY 2010. P.C. :- Petitioner No.1 is the wife and Petitioner No.2 is the minor son whereas the First Respondent is the husband. 2. The order passed on the maintenance application preferred under Section 125 of Cr.P.C. is under challenge in this Writ Petition. 3. Mr. Patil, learned Advocate appearing on behalf of the Petitioners contends that the maintenance granted to the son alone is enhanced whereas the Petitioner has not been given any benefit of such enhancement. It is pointed out that Petitioner No.1 has also no source of income which would enable her to maintain herself and the minor son. Although, it is stated that she is employed, all that she is working is as a helper. She is not getting any benefit of permanency in as much as the Nashik Municipal Corporation does not issue any 2 salary slip or salary certificate but treats her as a helper at Anganwadi. The income is also mentioned in the affidavit filed on 3rd December 2009. 4. In such circumstances, when the Corporation also does not state that Petitioner No.1 has a permanent source of income, then, interest of justice would be served if both Petitioners are permitted to apply for modification of the order granting maintenance and if such an Application is made, the concerned Court to consider it on merits and in accordance with law without being influenced by his earlier orders. (S.C. DHARMADHIKARI,J.)