1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 528 OF 2009 Sheshrao s/o Ganeshrao Bodke .. PETITIONER VERSUS Vandana w/o Sheshrao Bodke & another .. RESPONDENTS Shri N.N. Chitlange, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 29 th June, 2009. PER COURT : 1- Petitioner – husband has approached this court being aggrieved by order passed by the learned Sessions Judge, Nanded remitting the matter back for reconsideration to the trial court. 2- An application came to be presented by the deserted wife and son seeking maintenance allowance under section 125 of the Code of Criminal Procedure before the trial court. It is the contention of the husband that an area to the extent of three acres has been transferred in favour of the wife for her permanent alimony. An agreement to that effect has been arrived at between the parties which has also been 2 placed on record. Trial court relying upon the agreement, rejected the claim raised by the wife as well as the son. The revisional court on consideration of the relevant material remitted the matter back to the trial court. 3 I have perused the order passed by the revisional court. Question relating to sufficiency or otherwise of the property transferred towards permanent alimony in favour of the wife and the child is also a fact required to be taken into account by the trial court. In my opinion, no prejudice is caused by remitting the matter back to the trial court for re-consideration of the application. This is not a fit case to cause any interference in exercise of powers conferred under Article 227 of the Constitution of India. Petition therefore stands rejected. ( R. M. BORDE, J.) dyb/office/cwp528.09.odt