( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 1081 OF 2009 Kailas s/o. Sakharam Raut .. Petitioner Versus Sangeeta w/o. Kailas Raut .. Respondent Shri A.S. Shaikh, Advocate for the petitioner. CORAM : P.R. BORKAR,J. DATED : 07.12.2009 P.C. :- 1. Heard Adv. Shri A.S. Shaikh for the petitioner. This is a writ petition filed by husband against the order of maintenance passed by the learned Judicial Magistrate, First Class, Vaijapur, in M.A. No. 4 of 2007, decided on 17.08.2008, whereby he awarded maintenance of Rs. 1200/- per month to the respondent – Sangita, Rs. 900/- per month to original applicant No. 2 – Monika. The order is further confirmed in revision by the learned Additional Sessions Judge – 1, Aurangabad, in Criminal Revision No. 2009 of 2008, decided on 06.08.2009. ( 2 ) 2. The Revisional Court has considered the aspect in para 11 of its judgment. Though it is case of present petitioner that he has no agricultural land and no cattle, as claimed by respondent – wife, still V.F. 7/12 extracts at Exh. 131, 133 and 134 clearly indicated that the lands were mutated in the name of Kalabai (mother), so also Rajendra (brother) of the present petitioner. The petitioner’s Father also holds landed property in which in the said lands of joint family, crops like Soybean, Bajra and Sugarcane were raised. It is specifically admitted by the petitioner in his cross-examination that 36 Gunthas land is in his possession by virtue of an agreement of sale, so also there was no partition of the agricultural land. 3. The petitioner is 36 years of old able bodied person and in the circumstances the Courts have held that the maintenance awarded is proper. One thing is very clear that the petitioner is not coming with clean hands. He is trying to avoid payment of maintenance and for that purpose there appears to be mutations in the name of his mother and brother. ( 3 ) 4. This is not a fit case where interference is called for. Not being satisfied, the writ petition is summarily dismissed at the stage of admission. [P.R. BORKAR,J.] snk/2009/DEC09/crwp1081.09