SADANANDA MEHER Vs. CHANDRAMANI DEI AND ANR.

JUDGEMENT

(1.) IN this application under Section 482 of the Code of Criminal Procedure, 1973 (here -in -after called "the Code of Criminal Procedure "), order dated 19.06.2006 passed by the learned Sessions Judge, Kalahandi in Crl. Revision No. 24 of 2006 by which he refused to grant stay is impugned.

(2.) THE present Petitioner is the husband, the present opp. party No. 1 is his wife and the present opposite party No. 2 is their minor daughter. On the application of present opposite parties Nos. 1 and 2 filed under Section 125 Code of Criminal Procedure bearing C.M.C No. 55 of 2001; maintenance was granted in their favour to the tune of Rs. 500/ - per month from the date of filing of the application i.e. on 12.11.01. Challenging the said order, the present Petitioner filed Criminal Revision No. 24 of 2006 before the Sessions Judge, Kalahandi. The opposite parties Nos. 1 and 2 on the other hand filed five different petitions for realization of maintenance amount under Section 125(3) of Code of Criminal Procedure The present Petitioner filed a petition for stay of the five cases in the revision which was refused by the impugned order occasioning the present application.

(3.) CHAPTER -IX of Code of Criminal Procedure deals with order for maintenance of wife, children and parents. Sub -section (1) of Section 125 Code of Criminal Procedure provides under what circumstances the Magistrate may order maintenance to be paid to the applicant. The provision relating to realization of maintenance amounts are contained in Sub -Section 2 and 3 of Section 125 of Chapter IX of Code of Criminal Procedure which are quoted below in extenso: