1 1047.09 CWP IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1047 OF 2009 Shri Manoj Nimba Patil PETITIONER VERSUS The State of Maharashtara & another RESPONDENTS ..... Shri D.B. Shinde, Advocate holding for Shri N.L. Choudhari, Advocate for petitioner Shri N.H. Borade, APP for the respondent / State Shri M.S. Sonwane, Advocate for the respondent No. 2 ..... CORAM : U.D. SALVI, J. DATED : 21 st November, 2011. PER COURT : 1. Heard. Perused application and annexures therewith. 2. The Petitioner is challenging the orders granting maintenance to the respondent No. 2 namely Surekha M. Patil by order dated 07-02-2007 by the learned Judicial Magistrate, First Class, Shirpur, in Misc. Criminal Application No. 82/2006, and the order dated 26-06-2009 passed by the learned Adhoc Additional Sessions Judge-1, Dhule, rejecting the Criminal Revision 2 1047.09 CWP Application No. 25/2007 preferred against the order of maintenance. 3. The learned trial Court gave complete opportunity to the rival parties to lead their evidence and considered the rival submissions before passing order of granting maintenance to the respondent No. 2- Surekha M. Patil in Misc. Cri. Appln. No. 82/2006. The fact of marital tie between the parties was not in dispute. The Petitioner failed to lead any evidence regarding the means available to applicant/ respondent No. 2 to make her living. The respondent No. 2 averred that she was subjected to matrimonial cruelty and was to compelled to live separately and she had no means of her own to live. Learned trial Court particularly observed with reference to say of the petitioner (Exhibit 11) that the petitioner failed to prove assertions made by him as regards the deafness of the respondent No. 2 and the respondents refusal to cohabit with him. On pre-preponderance of probabilities, the learned trial Court fixed the quantum of maintenance. 4. The learned Adhoc Additional Sessions Judge-1, Dhule found no legal infirmity or perversity in the order passed by the learned trial Court. 3 1047.09 CWP 5. At this stage also nothing is shown to demonstrate any perversity in the findings of the learned trial Court. No interference is, therefore, warranted in the impugned orders. . Criminal Writ Petition No. 1047/2009 is rejected in limine. ( U.D. SALVI, J. ) SDM* November-11