1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO.254 OF 2011 (Rajendrakumar Mangruji Patle .vs. Smt. Nirmalabai w/o. Rajendra Patle and anr.) .................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ..................................................................................................................................................................... CORAM : A.P. BHANGALE, J. DATED : 1 st July, 2011. Heard Mr.I.S.Charlewar, Adv. and Mr.D.J.Wanjari, Adv. for the applicant. By this application u/s. 482 of the Code of Criminal Procedure, the applicant has prayed for quashing and setting aside the order dt.29.3.2011 passed by the learned Sessions Judge, Gondia in Criminal Revision Application No.6 of 2011 whereby the revision arising from the judgment and order in Misc. Criminal Case No.196 of 2008 decided by the learned Judicial Magistrate, First Class, Gondia on 5.1.2011 was dismissed. It appears that the learned trial Magistrate had altered the earlier order dt.9.10.1996 and enhanced the amount of maintenance @ Rs.3000/- p.m. payable to each of the respondents from the date of application i.e. 20.10.2008. It is the grievance of the applicant herein that the amount awarded and enhanced by the learned trial Magistrate is on higher side considering that the applicant is earning total salary in the sum of Rs.20,469/-. According to the learned Advocate for the applicant, there are various deductions and the applicant 2 is getting about Rs.10,000/- after all the deductions. It is further submitted that the applicant is ready and willing to co-habit with his wife and maintain the respondents. He will also take care of education of his daughter. The learned Advocate for the respondents contended that the applicant is Assistant teacher in Zilla Parishad, Primary School in Navegaon and he is earning about Rs.21,000/- and the total amount of maintenance which was awarded to the respondents is much less than even 1/3rd of the gross salary of the applicant. Regarding deductions from the salary, it is submitted that it is for the applicant to manage the deductions to minimum as far as possible by reducing his liabilities. Be that as it may, considering the total gross salary of the applicant to the tune of Rs.21,000/- or above per month, the maintenance awarded in the sum of Rs.6,000/- p.m. for both the respondents together per month is much less than the 1/3rd of the gross salary. It is open for the applicant to reduce his other liabilities so as to provide for the expenses being incurred by the respondents for food, clothes, shelter etc. and other essential expenses like education etc. by his daughter. It is also open for the applicant to make serious attempts to have amicable settlement with the respondent/wife for the sake of future of his daughter, who is aged about 11 years now. In that case, the applicant would be at liberty to move for cancellation of the maintenance amount if the respondents would reside with him under the same roof peacefully and happily. Under these circumstances, I think that the amount which has been altered and enhanced @ Rs.3,000/- p.m. 3 for each of the respondents over the earlier amounts of Rs.1,000/- and Rs.800/- p.m. respectively to respondent nos. 1 and 2 towards enhanced portion of the amount of maintenance shall be payable from the date of order i.e. 5.1.2011 passed by the learned Judicial Magistrate, First Class, 9th Court, Gondia. Hence, the applicant would be liable to pay the enhanced amount of maintenance w.e.f. 5.1.2011. The application is partly allowed accordingly and disposed of. JUDGE jais