:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO,.618 OF 2008 WITH CIVIL APPLN. NO.1642 OF 2008 IN F.A.NO.618 OF 2008 Bapu B. Mhargude. ..Appellant. Vs. Smt. Sulochana B. Mhargude. ..Respondent. Mr. R.T.Shinde for the Appellant. CORAM : R.S. MOHITE, J. DATE : 28th April,2008. P.C. P.C. P.C. 1. Heard Advocate for the appellant. 2. I have perused the impugned judgment and order. The respondent wife has been granted maintenance at the rate of Rs.1500/-p.m. It has been made clear that if any maintenance is granted by the Criminal court then only one order of maintenance can be executed. The record indicates that the original suit bearing Special Civil Suit No. 78 of 2003 was filed by the wife under Section 18 of the Hindu Adoption and Maintenance Act. It was the contention of the wife that the present appellant who was her husband was having Bagayat land and from which he was earning Rs.20,000/-per month and though she is the first wife of the appellant, the appellant was living with another lady. :2: 3. In the written statement the husband has admitted that he was getting pension of Rs.3200/-p.m. He contended that he was not getting any agriculture income but the court has observed that from the 7/12 extract, it is clear that the appellant is cultivating Jwari crop. Even assuming that this is a seasonable crop, the court has come to the conclusion that he must be earning Rs.20,000/- per month after expenses. There is further admission by the husband that he had spent Rs.98,000/- for construction purpose. The contention of the wife that the appellant had received Rs.10,00,000/- by way of retirement benefits. Taking into account all these facts as also the fact that the wife is now aged person and required to reside with her father, in my view, the trial court has decided the suit correctly. There is no substance in the appeal. Hence, appeal is rejected. C.A.NO. 1642 OF 2008 1. As the first appeal has been rejected, civil application is also rejected. (R. S. MOHITE, J.)