Sk. Sarwar S/O Sk. Jafar v. Jakerbegum W/O Sk. Sarwar And ORS

1 5-crwp1148-15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO.1148 OF 2015 Sk. Sarwar s/o. Sk. Jafar ..Petitioner

Versus

Jakerbegum s/o. Sk. Sarwar and ors.

..Respondents -- Mr.Rupesh A. Jaiswal, advocate for petitioner None present for the respondents -- CORAM : M.T. JOSHI, J.

DATE : JANUARY 22, 2016 PER COURT :

Heard Mr.Jaiswal, learned counsel for the petitioner.

2] Perused the reasons forwarded by learned Judicial Magistrate F.C., Gangapur.

3] In the proceedings under Section 125 of the Code of Criminal Procedure, the Courts below have accepted the plea of the present petitioner -

2 5-crwp1148-15.odt husband that he is a labourer. Therefore, the Courts below assumed his wages as Rs.200/- per day and his monthly income as Rs.5,000/- to Rs.6,000/- per month. On the basis of said calculation, the maintenance at the rate of Rs.1,500/- per month to respondent no.1/wife and Rs.1,000/- per month to his daughter, was granted.

4] The reasons forwarded by learned Judicial Magistrate F.C. cannot be called as perverse. In the limited scope of the Writ Petition, therefore, no interference is warranted.

5] The Criminal Writ Petition is, therefore, dismissed.

[M.T. JOSHI, J.] kbp