IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 6509 OF 2008. Nagesh Mdhukar Chapate. .... PETITIONER. VERSUS Gayabai Nagesh Chapate. .... RESPONDENT. ... Shri R.B. Deshmukh, Advocate for Petitioner. Shri M.A. Kandharkar, Advocate for Respondent. ... CORAM : S.S. SHINDE, J. DATE : 6th AUGUST, 2009. PER COURT: 1. This petition is filed challenging the order dated 27.6.2008 passed by the C.J.J.D., Udgir below Exh.18 in H.M.P. No.39 of 2007. 2. It is not necessary to go into the facts of the case since the learned Counsel for the petitioner canvassed the only point before this Court that that the petitioner has no sufficient means to pay Rs.1200/- per month to the respondent as directed by the Joint C.J.S.D., Nilanga by order dated 27.6.2008. According to the learned Counsel for the petitioner, he is labourer and he has no means to pay Rs.1200/- per month to the wife and therefore, this petition is filed. 3. In the affidavit-in-reply filed by the respondent – wife, it is stated that there is sufficient source of income to the petitioner for paying Rs. 1200/- per month. In the affidavit, the respondent – wife has also stated instances of cruelty by the petitioner. 4. The order impugned in this petition is directing the petitioner to pay interim maintenance during pendency of the Hindu Marriage Petition. The Court below has taken a note that the petitioner is possessing 18 acres of land. Taking overall view of the matter, the lower Court has directed the petitioner to pay Rs.1200/- per month though the respondent wife claimed Rs.1500/- per month towards maintenance. The trial Court has correctly came to the conclusion and directed the petitioner to pay Rs. 1200/- per month. Whether the petitioner is able to pay the interim maintenance as directed by the trial Court is a question of fact and, therefore, in my considered view, no interference is called for in this petition. The Court below has taken a note of the fact that the petitioner is possessing 18 acres of land, no interference is called for. The Writ Petition is dismissed. [ S.S. SHINDE, J ] ...