1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.132 OF 2008. Ajab Burhan Tadvi - APPLICANT VERSUS Rashidabi w/o Ajab Tadvi & Anr. - RESPONDENTS ***** Mr.DS Raut, Advocate for Applicant; Mr.GV Wani,Advocate for Respondents. ----- CORAM : K.U.CHANDIWAL, J. DATE : 4th September,2009. PER COURT : . Heard learned Counsel. 2) The allowance of maintenance in Criminal Revision Application No.169/2006, dated 26th March, 2008, granting the same @ Rs.500/- to the wife, is subject of criticism by the husband. 3) The matrimonial relations are not in controversy, they got strained, wife resides separate with her son – Firoz Ajab Tadvi. 4) The crucial aspect in the matter revolves to the so-called adulterous living of 2 the wife with one Akkya Abbas and for that purpose, leading evidence of a tendered age witness – Gulab, needs to be scanned. 5) The learned Sessions Judge justifiably considered effect and scope of Section 125(4) Cr.P.C., which deals with non-entitlement of the wife, if she is living in adultery. 6) The term `living in adultery’ has several shades which are to be brought on record. It has been held by this Court that the benefit of Section 125(4) Cr.P.C. to the husband will be available only in the event that such course between the wife and her paramour is continuous conduct. It has been held that the husband could not get skipped of his liability to pay the monthly allowance by merely indicating that the wife had committed lapses in her life or her behaviour was smutty. 7) It is apparent, husband and the wife had reached a stage of combative atmosphere, hence they are spitting venom against each other. It was in this scenario, the examination of Gulab, 3 the son, in favour of the husband, for accelerating wife’s cohabitation with said Akkya Abbas was analyzed by the learned Sessions Judge and rightly so. 8) The evidence of child witness is surrounded with dubious circumstances. He was under thumb of his father and hence spoke as was tutored to him. The wife indeed denied knowing Akkya Abbas. 9) The Award of monthly maintenance @ Rs. 500/- to the wife is just. 10) Criminal Revision Application lacks merit, it is dismissed. ( K.U.CHANDIWAL ) JUDGE bdv/crrv132.08