IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. CRIMINAL APPLICATION NO.1220/2010 (Narendra Ganeshrao Wankhede .vrs. Sou. Jyoti Narendra Wankhede) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders .......... CORAM : R.G. KETKAR, J. DATED : SEPTEMBER 27, 2010 Heard Mr. S.R. Deshpande, learned counsel for the applicant. This petition challenges order dated 28.6.2010 passed by the learned Additional Sessions Judge, Akola below Exh.6 in Criminal Appeal No.61/2009 as also the judgment and order dated 16.7.2009 passed by the learned JMFC, Court No.3, Akola in Misc. Criminal Application No.1033/2008. By these orders, the courts below directed the applicant herein to pay maintenance at the rate of Rs.1,200/- per month as maintenance to the respondent herein from the date of the application i.e. 10th December, 2008. It was made clear that amount of Rs.1,200/- per month shall be inclusive an amount awarded by the learned Chief Judicial Magistrate, Akola and the Family Court, Nagpur. The learned counsel for the applicant submitted that the monthly income of the applicant is Rs.1,500/- and consequently he is unable to pay maintenance at the rate of Rs.1,200/- per month. The identical submission was made before the learned Magistrate, who has considered this submission and in paragraph 8 of the impugned order dated 16.7.2009 the learned Magistrate took judicial notice by observing that even the labourer earns of Rs.3,000/- per month as and by way of salary and, therefore, the certificate produced by the applicant indicating that his salary of Rs.1,500/- per month is not at all believable. The said order was confirmed by the learned Sessions Judge, Akola. I do not find that the courts below have committed any error apparent on the face of the record. It also cannot be said that the impugned orders are perverse. I find no substance in this application and the same is rejected. JUDGE Gulande