Abbu Bakar Abdul Raheman v. Shaikh Fatema W/O Abbubakar Shaikh And Another

2025:BHC-AUG:14765 907revn226-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 907 CRIMINAL REVISION APPLICATION NO. 226 OF 2024 Abbu Bakar Abdul Raheman

VERSUS

1)Shaikh Fatema W/o Abbubakar Shaikh And

2) Ikhara d/o Abbubakar Saikh, age 3 years ...

Mr. Tungar Hrishikesh V., Advocate for Applicant CORAM : Y. G. KHOBRAGADE, J.

Dated : 11th June, 2025 PER COURT :- 1.

Heard Shri Tungar, the learned counsel for the applicant at length.

2.

By the present revision, the applicant has challenged the quantum of maintenance of Rs.5,000/- which has been granted by the learned trial court in favour of respondent no.2 minor child. 3.

The learned counsel appearing for the petitioner invited my attention to the reply filed by the present applicant in Petition E-No.56 of 2022 as well evidence affidavit filed at Exh. 19 and assets and liability affidavit Exh.16. In paragraph no. 7 of the evidence affidavit, the applicant husband has stated that his wife/present respondent no.1 had initiated a criminal proceeding bearing NCR No. 575 of 202 and he was under medical treatment of Dr. Mujahid as he was suffering from mental disorder and he

907revn226-24 has produced copy of the medical certificate. However, the applicant has failed to prove the said medical certificate. The petitioner has further stated in his affidavit that he is not financially sound person.

4.

In paragraph no. 8 of the impugned judgment, the learned trial court recorded findings that the applicant husband has filed evidence affidavit at Exh. 19 and assets and liability affidavit Exh. At 16. After considering the same, the present applicant husband has been directed to pay an amount of Rs.5,000/- per month towards maintenance to the present respondent no.2 minor child from the date of the petition and Rs.2000/- towards litigation charges.

5.

Needless to say that respondent no.2 is minor and now school going child. Therefore, considering her daily need and expenses towards school education, the amount of Rs.5000/- towards maintenance granted to the minor child by the learned trial court does not appear to be exorbitant and illegal. Therefore, I do not find any reason to interfere with the findings recorded by the trial court. Therefore, the Revision Application is dismissed.

( Y. G. KHOBRAGADE, J. ) JPChavan