IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO. 794 OF 2008 WRIT PETITION NO. 794 OF 2008 WRIT PETITION NO. 794 OF 2008 Mohan Sitaram Pawaskar ..Petitioner V/s. 1. The State of Maharashtra 2. Miss. Darshana Mohan Pawaskar ..Respondents Mr.M.D. Pokhale for the Petitioner Mr. Suhas Deokar i/by Mr.Rakesh Bhatkar for Respondent No.2 Mr. Y.P. Yagnik, A.P.P. for Respondent No.1-State CORAM CORAM CORAM : A.S.OKA, J. : A.S.OKA, J. : A.S.OKA, J. DATE DATE DATE : 14th July 2008. : 14th July 2008. : 14th July 2008. P.C.: . Heard the learned Advocate for the Petitioner and the learned Advocate for the second Respondent. The second Respondent is the daughter of the Petitioner. As per earlier order, maintenance of Rs.500/- per month was payable to the second Respondent daughter. By the impugned Judgment and order passed by the learned Sessions Judge, the maintenance amount has been increased to Rs.1,500/- per month. 2. The Advocate for the Petitioner submits that there is nothing on record to show that the second Respondent suffers from any handicap or disability. He submits that in any case, the Petitioner is not holding : 2 : any agricultural land and the same stands in the name of his mother. He pointed out that there were 11 persons in the family who are dependent on the income in the agricultural land held by his mother and the income from the agricultural land is not more than Rs.1,40,000/-. 3. I have considered the submissions. The order passed against the Petitioner earlier, directing him to pay the maintenance to the second Respondent has attained finality. The maintenance amount was fixed at Rs.500/- per month. On an application made by the second Respondent under Section 127 of the Code of Criminal Procedure, 1973, the amount was enhanced to Rs.700/- per month by the learned Magistrate. In Revision Application filed by the second Respondent, by the impugned order, the amount has been enhanced to Rs.1,500/-. 4. It will be necessary to refer to the finding recorded by the learned Sessions Judge in paragraph No.4 of the impugned Judgment and order. "4. From the material brought before the learned Trial Court, it appears that present applicant is a handicapped young girl of aged about 19 and prosecuting her education in 10th Standard and requires a tution for some subjects and also : 3 : having some physical difficulty in her speech. Also it appears that the opponent father, after his divorce with first wife-mother of present applicant, had Respondent-married and has two daughters out of such remarriage and is maintaining them. It is brought on record that according to his own estimate, an amount of Rs.1,500/- or so is necessary for maintenance of a young girl. It is also on record that said opponent is having immovable landed property and numerous mango orchards which are fruit yielding and giving much income at least to the tune of Rs.3 lacs per year. Apart from Exh.9, reply filed objecting the present revision application, there is nothing brought before the Court that present opponent is incapacitated on any court and as such not having any income to pay the monthly maintenance amount more than Rs.700/-." . In view of this finding, it is not possible to interfere with the impugned Judgment and order in this Petition under Article 227 of the Constitution of India. Hence, Petition is rejected. The Petitioner is granted time of six months to pay the arrears as per the impugned order. (A.S.Oka,J) (A.S.Oka,J) (A.S.Oka,J)