* 1 * WP.2604.2011 28.9.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2604 OF 2011 Virabhadrayya Virayya(Irayya) Swami ......Petitioner V/S. Smt. Shakuntala Virabhadrayya Swami and Ors. ......Respondents * * * * Mr. Sameer Kumbhakoni, Advocate for the petitioner. Mrs. U.V. Kezriwal, APP for the State­respondent no.3. CORAM :­ R.G. KETKAR, J. 28 September, 2011. P.C. :­ 1) Heard Mr. Samir Kumbhakoni, learned counsel for the petitioner and Mrs. Kezriwal, learned APP for respondent no.3­State. 2) The petitioner has challenged the judgment and order dated 27th June, 2011 passed by the learned Ad­Hoc Sessions Judge, Solapur in Criminal Revision Application No. 26 of 2010, as also, the judgment and order dated 21st November, 2009 passed by the learned Judicial Magistrate First Class, Solapur in Misc. Criminal Application No. 1698 of 2008. By these orders, the Courts below awarded maintenance at the rate of Rs.1,500/­ per month, * 2 * WP.2604.2011 28.9.2011 each, to respondents no.1 and 2. 3) Mr. Kumbhakoni, submitted that, the petitioner gets monthly pension of Rs.6,000/­ and he has no other source of income. It is therefore not possible to pay maintenance of Rs.3,000/­ per month to respondents no.1 and 2. He has no paying capacity and consequently the impugned orders deserve to be interfered with. 4) I have considered the submissions advanced by Mr. Kumbhakoni. The courts below have recorded that land admeasuring 10 Ares stands in the name of petitioner and land admeasuring 1 Hectares 34 Ares stands in the name of a lady by name, Vijaya who is the second wife of the petitioner. The Courts also found that respondent no.2 is an AIDS patient. Considering these aspects, in my opinion, the Courts below are justified in awarding the said amount of maintenance. No case is made out for interference. The petition fails and the same is dismissed. [R.G. KETKAR, J]