1 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2130 of 2009 Shri Ravindra Dattatraya Gandhale ... Petitioner versus The State of Maharashtra & Anr ... Respondents ... Mr.Priten P. Killedar for petitioner Ms.A.T. Jhaveri APP for the State. CORAM : D.G. KARNIK, J. DATED : 2nd December 2009 P.C. 1. By this petition, the petitioner challenges the order dated 9th April 2009 passed by the learned Sessions Judge, Baramati enhancing the amount of maintenance awarded to the respondent no.1 from Rs. 600/- to Rs.1500/- per month. 2. Petitioner and respondent no.1 are husband and wife. Respondent no.1 filed a petition for maintenance u/s.125 of the Code of Criminal Procedure. The learned trial Magistrate, on consideration of the material adduced before it awarded a maintenance of Rs.600/- per month which, on revision, was enhanced by the Sessions Court to Rs. 1,500/- per month. The petitioner challenges the quantum of 2 maintenance i.e. enhancement made by the Sessions Judge. The trial court has recorded a finding of fact that the respondent no.1 was a teacher and she was initially earning Rs.800/- per month as a salary which was subsequently increased to Rs.2,000/- per month. That finding was not challenged by the petitioner before the Sessions Judge. Considering the salary of the petitioner which is Rs.10,000/- per month and the finding of the court below that the respondent no.1 is unable to maintain herself in a salary of Rs.2,000/- per month, the view taken by the Sessions Judge in awarding Rs.1,500/- per month as maintenance cannot be said to be erroneous. In any event that does not require interference in exercise of writ jurisdiction under Article 227 of the Constitution of India. Petition is accordingly dismissed summarily. (D.G. KARNIK,J.)