{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.291 OF 2009 Ashutosh s/o Kamlakar Pradhan Age-34 years, Occ-Clerk R/o N-7, CIDCO, New Aurangabad Tq & Dist-Aurangabad APPLICANT VERSUS Bhavana w/o Ashutosh Pradhan Age-28 years, Occ-Household R/o C/o Gautam Pandit, Plot No.122, Eknath Nagar Aurangabad, Tq & Dist-Aurangabad RESPONDENT ....... Mr. Md.Mustafa Ahmad Momin, Advocate for the applicant Mr. R.V.Gore, Advocate for the respondent ....... [CORAM : A.V.POTDAR, J.] DATE: 26th July 2010 ORAL JUDGMENT : 1. By the present criminal revision application, the applicant-husband, has challenged the judgment and order dated 10th August 2009 passed by the learned Judge, Family Court, Aurangabad in Petition No.E-253/2008. By the impugned {2} judgment, monthly maintenance @ Rs.1500/- is granted by the Family Court in favour of the respondent-wife. 2. Heard learned counsel for the applicant followed by learned counsel for the respondent. 3. Rule. 4. Rule made returnable forthwith. By consent of the learned counsel for the parties, heard finally at the stage of admission itself. 5. Relationship between the parties, as husband and wife, is not disputed. It appears that due to family dispute respondent-wife has filed petition u/s 125 of the Criminal Procedure Code seeking monthly maintenance from the applicant- husband. It is alleged that soon before filing of the said maintenance petition, due to alleged harassment, the respondent- wife was residing separately. 6. Point for consideration before this Court is that as to whether while deciding the amount of monthly maintenance, any record was examined by the lower court or not. In other words, whether in arriving at the conclusion and awarding monthly maintenance to the respondent-wife, whether the lower court has taken into consideration the monthly income of applicant-husband {3} or not and as to how the learned lower court arrived at a figure of Rs.1500/- as monthly maintenance to the respondent-wife. 7. It appears from the point of determination framed by the learned lower court at point No.4 in respect of quantum of maintenance, and as fairly conceded by both the learned counsel, that the learned court has relied upon the bare words of the respondent-wife in respect of alleged monthly income of the applicant. Perusal of the record indicates that neither the documents tendered by the respondent-wife before the lower court were not exhibited nor the impugned judgment speaks that any record was produced before the learned lower court to prove the monthly income of the applicant-husband. Considering this aspect, it appears that relying on the words of respondent-wife, the income of the applicant is calculated by the lower court and on the basis of the statement made on affidavit, the amount of maintenance is decided. This fact is also reflected in the impugned judgment. In the premise, the matter requires to be remanded to the lower court for decision afresh, after giving proper opportunity and appropriate evidence in respect of income of the applicant and then to decide the quantum of maintenance. As per section 125 of the Criminal Procedure Code, income of the applicant-husband is also required to be taken into consideration by the family Court while awarding amount of maintenance and in absence of any proof or evidence before the Family Court, merely considering the status of the parties, it is not expected to fix the amount of {4} monthly maintenance. 8. Consequently, the impugned order dated 10.08.2009 is hereby quashed and set aside. The matter is remanded to the Family Court, Aurangabad for consideration afresh to the extent of quantum of maintenance. Learned Judge, Family Court, Aurangabad is directed to decide the quantum of maintenance in accordance with law within a period of 3 months from the date of receipt of Record and Proceedings. 9. Thus, the revision application succeeds. Rule is made absolute as indicated above. Criminal Revision Application stands disposed of accordingly. 10. It is made clear that till the decision is taken by the learned Family Court in respect of quantum of maintenance, the interim order dated 18.12.2009 in respect of payment of interim maintenance @ Rs.700/- per month to continue. The parties are directed to appear before the lower court on 5th August 2010. Certified copy of this judgment expedited. [A.V.POTDAR, J.] drp/B10/crirev291-09