BABU LAL Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) This misc. petition has been filed under Sec. 482 Crimial P.C. against the order dated 6.1.2007 whereby the respondent's application under Sec. 125 Crimial P.C. has been allowed.

(2.) Brief facts of the case are that the application has been filed by the respondent under Sec. 125 Crimial P.C. claiming maintenance for herself as well as for her son. A detail reply was filed on behalf of the petitioner and the petitioner has specifically pleaded that the respondent herself left the house of the petitioner and she is having the source of income, as such she is not entitled to maintenance, but the trial Court allowed the application and granted Rs. 800.00 per month maintenance to respondent No. 1 and Rs. 400.00 per month maintenance for her son. The present petitioner also preferred the revision petition before the Addl. Sessions Judge which was also dismissed.

(3.) The only contention of the present petitioner is that the Courts below have not considered the material on record. Earlier application for maintenance was presented by the respondent, which was dismissed and this. second application is barred. He has also pleaded that the respondent herself left the house of the petitioner and the respondent has filed complaint under Sec. 498A I.P.C. from which the petitioner has been acquitted and hence the impugned order should be quashed.