(1) Heard Mr. Rajnish Vyas, learned Advocate for the Petitioner and Mr. S. V. Sirpurkar, learned Advocate for the Respondent No.1.

(2) Rule, made returnable forthwith. Heard by consent of the parties. The petitioner questioned the order dated 07/10/2009 passed by learned Judicial Magistrate, First Class, Pombhurna in Misc. Criminal Application No. 17/2008, as also order dated 09/08/2010 passed by the learned Additional Sessions Judge, Chandrapur in Criminal Appeal No. 132/2009.

(3) It is the case of the petitioner that he had married with respondent no. 1 namely Gangubai about 19 years back, she resided with him for 3 years at Rajura, District Chandrapur and, then left matrimonial home and started residing with her parents. Respondent No. 2 is son of the petitioner, who according to the petitioner, has already attained the age of majority i.e. 18 years and is not entitled for the maintenance. The petitioner is facing proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (Act 43 of 2005), which was registered as Criminal Application No. 17/2008, in the Court of Judicial Magistrate, First Class, Pombhurna, District Chandrapur. Sau.