-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8577 OF 2009 with CIVIL APPLICATION NO. 2667 OF 2009 Sandeep M. Bagul. ..Petitioner. Versus Poonam S. Bagul. ..Respondent. Mr. A. C. Tripathi for the petitioner. Mr. Kiran N. Joshi for the respondent. Coram : R. V. MORE, J. Date : March 22, 2010. P. C. : 1. Heard learned counsel for the respective parties. The petitioner– husband has challenged the order dated 28th July 205 passed under section 127 of the Cr.P.C. by the JMFC, Shahapur. By the said order the maintenance of respondent no.1 – wife was increased to Rs.1500/-per month from Rs. 1200/- per month and the maintenance of two children was increased to Rs. 2000/- per month from Rs.1000/- per month. 2. Learned counsel for the petitioner submitted that the impugned order was passed ex-parte and therefore it deserves to be set aside. Exhibit-H annexed to the Petition is service report which shows that the notice of proceeding under section 127 of Cr.P.C. was tried to be served on the petitioner, however, he refused to accept the same. The learned Magistrate relying upon this report proceeded ex-parte against the petitioner. Learned Magistrate on the basis of evidence adduced by the respondent concluded that -: 2 :- income of the petitioner has increased. Initially the amount of maintenance was fixed in the year 2003 and taking into consideration the passage of time, I find that the learned Magistrate was justified in enhancing the amount of maintenance. In the above facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. Petition is therefore dismissed. 3. In view of the disposal of the writ petition, civil application No. 2667 of 2009 taken out in the above writ petition does not survive and the same is accordingly disposed. (R.V. MORE, J.)