( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 639 OF 2009 Maroti @ Prabhakar Tatyaram Choure PETITIONER VERSUS Shashikala w/o Maroti @ Prabhakar Chure and another. RESPONDENTS ..... Mr. Suhas B. Ghute, advocate for the petitioner. ..... [CORAM : V.R. KINGAONKAR, J.] [DATE : 4th August, 2009] PER COURT : 1. Heard. 2. Mr. Ghute submits that the quantum of maintenance allowance awarded to the respondent No. 1 is on higher side. He would submit that the salary certificate was not produced and, therefore, it could not be said that the petitioner earns amount of Rs. ( 2 ) 4500/- p.m. There is no dispute about matrimonial relationship between the parties. The trial Court and the revisional Court rendered concurrent findings that the respondent No. 1 was deserted by the petitioner. It is held by both the Courts below that she is unable to maintain herself whereas the petitioner is able-bodied and has got sufficient means. The dispute arose between the spouses due to second marriage performed by the petitioner with one Aruna Patole. The factum of second marriage or illicit relations with said Aruna is corroborated by PW Shaikh Javed. The petitioner is in Government service being a police head constable. It appears that three (3) daughters born out of the wedlock between the petitioner and respondent No. 1 are married and for about 30 years, the spouses resided together without hastles. The matrimonial life was spoiled somewhere in 2002-03 when the petitioner developed intimacy with one Aruna Patole. Though salary certificate was not produced on record, yet, considering the admissions of the petitioner and having regard to the probable salary structure in the police department, the trial Court and the revisional Court rightly held ( 3 ) that the petitioner must be earning at least Rs. 4500/- p.m. The amount of Rs. 1500/- p.m. has been awarded to the respondent No. 1, which is just and proper. No interference is warranted. Consequently, the petition is dismissed. [ V.R. KINGAONKAR ] JUDGE NPJ/CRIWP639-09