1 REVN 415-2010 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.415 OF 2010 S. Sethunarayanan .Applicant V/s. The State of Maharashtra & anr. .Respondents Mr.Sharif Shaikh, Advocate, for the Applicant Mr.Y.M.Nakhawa, APP, for Respondent No.1 - State CORAM : R.C.CHAVAN, J. DATE : 9TH FEBRUARY, 2011 P.C. . Heard the learned Counsel for the respective parties. 2. I have gone through the Judgment of the Additional Sessions Judge which has been questioned in this Revision Application. This Judgment was rendered in Criminal Appeal No. 349 of 2008 with Criminal Appeal No.533 of 2008 filed by both the parties against the Order passed by the 45th Metropolitan Magistrate, Kurla directing the present 2 REVN 415-2010 applicant to pay maintenance allowance of Rs. 7000/- per month to Respondent No.2 under the provisions of the Protection of Women From Domestic Violence Act, 2005. The applicant's contention that the Court below erred in holding that the applicant was in some domestic relationship with Respondent No.2 is not correct, since the applicant himself admits that he was married to Respondent No.2 and in fact, he claims to have filed a Divorce Petition at Chennai. As for the allegation about domestic violence the Courts below have on appreciation of evidence concluded that the allegations made by the wife were correct. The present applicant had not at all examined himself before the Trial Court and thus, could not be said to have rebutted the evidence rendered by the wife. In fact, the wife was aggrieved by the Order of 45th Metropolitan Magistrate reducing her maintenance to Rs. 7000/- since the applicant, who was Manager of some Company claimed to have resigned that 3 REVN 415-2010 job. A person with high qualification and capacity to earn cannot make a grievance that maintenance allowance of Rs.7000/- is excessive. There is no merit in the application. 3. Criminal Revision Application is rejected. (R.C.CHAVAN, J.)