NANDLAL Vs. SHANKARI

JUDGEMENT

(1.) THE respondent wife filed a maintenance application against the petitioner husband before the learned Magistrate wherein she had filed an application for interim maintenance for herself and for her minor son Narayan aged 2 years. The learned Civil Judge and Chief Judicial Magistrate, Kapasan by his order dated 5.7.2000 awarded Rs. 350/- per month to the wife and Rs. 200/- per month to minor son Narayan by way of interim maintenance. Against such interlocutory order, no revision lies still the revision petition was filed by the petitioner before the Sessions Court which was dismissed by the learned Additional Sessions Judge No. 2, Chittorgarh on 20.12.2000 on both grounds of maintainability as well as on merits. These orders are challenged by the petitioner in this misc petition.

(2.) THERE is a bar of second revision petition under Section 399(3) Cr.P.C. therefore, to circumvent it, this Misc. Petition under Section 482 Cr.P.C., is filed.

(3.) LEARNED counsel Mr. Kaviraj for the petitioner husband submitted that due to local politics, a false maintenance application is filed against him, who is 65 years old and father of four daughters. He submitted that there was no legal valid marriage nor there was a nata marriage with the wife and the minor son Narayan is not his son for which he has also made an application before the trial court for DNA test because according to him, the respondent wife is wife of Shanker.