mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2902 OF 2009 Shri Lalasab Imamsab Makashi ... Petitioner versus Sau Amina Lalasab Makashi & ors. ... Respondents ... Mr.Sandeep Koregave for the petitioner Mr. S.N. Gawade APP for the State. CORAM : D.G. KARNIK, J. DATED : 26th November 2009 P.C. 1. Heard learned counsel for the petitioner. 2. The respondents i.e wife and two minor children of the petitioner filed an application for maintenance before the Judicial Magistrate First Class Kolhapur u/s.125 of the Code of Criminal Procedure. The defence of the petitioner was that respondent no.1 was living separately without reason. The learned Magistrate held that the petitioner had married another woman and in any event living with another woman and that was a justifiable cause for the respondent no.1 to stay separately. The finding is based upon an appreciation of an evidence produced before the Magistrate. The learned Addl. Adhoc Judge Kolhapur has also confirmed the decision of the Magistrate. The two Courts below have held that statement of the petitioner that he was ready and willing to maintain his wife and children was merely a futile attempt to escape the liability to pay maintenance. The view taken by the two courts below is a possible view on facts. Learned counsel for the petitioner was unable to point out any perversity in the said finding of fact recorded by the trial court. As regards the quantum of maintenance also, learned counsel for the petitioner was unable to point out any material from the record to show that the finding was petitioner and the amount was excessive. In the circumstances, there is no merit in the writ petition which is hereby dismissed summarily. (D.G. KARNIK,J.)