1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL REVISION APPLICATION NO. 9 OF 2009. (Uttam Keshavrao Taksande .v. Sau. Vidya Uttam Taksande) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri Mahesh Rai, Advocate for the applicant. Ms. Sharwari Deshpande, Advocate holding for Ms. Trupti Udeshi, Advocate for the respondent. CORAM : A.B. CHAUDHARI, J. 25TH JANUARY, 2010. Heard the learned Counsel appearing on behalf of the respective parties. The learned Counsel for the applicant submits that there is neither any refusal nor negligence on the part of the applicant/husband and without any sufficient reason, the respondent/wife is living away from the husband and in this case, in the light of the provisions of Section 125(4) of the Code of Criminal Procedure, she is not entitled for maintenance. The learned Counsel for the applicant argued that the applicant is a small farmer without any other additional source of income and having only five acres of piece of land at Sewagram. He further argued that the order granting maintenance of Rs.600/- per month by the Family Court is on higher side as the crops in the field of the applicant failed this year. He further argued that the respondent/wife is working in Abhyankar Smarak Trust with the salary of Rs.2,000/- per month. Per contra, the learned Counsel for the non- applicant opposed the application and argued that the 2 applicant/husband treated her cruelty and the trial Court found that the applicant had refused to maintain her and, therefore, she had no alternative than to take the employment. It does not mean that the applicant cannot be saddled with the liability for maintaining his wife. Proceedings under Section 125 of the Code are the summary proceedings for providing immediate aid to the wife. The trial Court further found that the applicant holds five acres of land and grant of maintenance at the rate of Rs.600/- per month would not be on a higher side. No fault can be found out with the trial Court in making the order of maintenance at the rate of Rs.600/- per month. In the result, I find no merit in the application. The same is dismissed accordingly. JUDGE *rrg.