-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.2615 OF 2008 Ravso Balasaheb Shinde (Parit) : Petitioner (Orig.Opponent) V/s. Kum.Pooja Ravso Shinde (Parit) & Anr. : Respondents (No.1 Orig.Applicant) ... Mr.Umesh R. Mankapure for the petitioner. Ms S.V.Gajre, Addl. Public Prosecutor for the State. ... CORAM : A.S.OKA, J. DATE : APRIL 27, 2009. P.C. 1. Heard the learned counsel appearing for the petitioner. 2. The petitioner is the father of the 1st respondent minor daughter. The maternal uncle of the 1st respondent filed a petition under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "said Code") in his capacity as the guardian and next friend of the 1st respondent. An objection was raised as to the maintainability of the said petition. The said objection has been overruled by the trial Court and the order of the -: 2 :- trial Court has been confirmed in Revision Application. 3. The submission of the learned counsel appearing for the petitioner is that the maternal uncle of the 1st respondent is admittedly not the legal guardian of the minor child and the only legal guardian is the petitioner. He, therefore, submitted that the petition under section 125 of the said Code was not maintainable. 4. The petition under section 125 of the said Code proceeds on the footing that it is the maternal uncle who is looking after the 1st respondent minor after the demise of the mother of the minor. In the application made by the petitioner before the trial Court raising the plea of maintainability, it is not the case of the petitioner that the minor is in his custody. It is not his case that the minor is not in the custody of the maternal uncle. 5. Under section 125 of the said Code, maintenance is payable to a minor child. In the present case, if entitlement of the minor child for maintenance is established, the Court can always impose appropriate conditions so that the maintenance amount is really utilised for the benefit of the minor. 6. No fault can be found in the impugned order. Subject to what is observed above, the Writ Petition is rejected. -: 3 :- A.S. OKA, J.