SUNIL KUMAR Vs. BHAWNA

JUDGEMENT

(1.) The present Misc. Petition under Sec. 482 Cr.P.C. has been preferred by the petitioner aggrieved from the order dtd. 25/6/2011 passed by learned Additional Sessions Judge, Nathdwara in Criminal Revision No.24/2009 (Sunil Kumar Vs. Smt. Bhawna and Ors.) whereby the revision preferred by the petitioner against the order dtd. 23/10/2008 passed by the learned Judicial Magistrate Ist Class, Nathdwara in Criminal Case No. 123/2007 was dismissed.

(2.) Learned counsel for the petitioner submitted that the order of learned Judicial Magistrate Ist Class, Nathdwara (herein after referred to as 'the trial Court') for granting maintenance was upheld by the learned Additional Sessions Judge, Nathdwara (herein after referred to as 'the revisional court') without investigating the fact that the main allegation against the respondent No.1 was adultery and the petitioner raised specific defence with supporting evidence that respondent No.2 was having illicit relations with one Shivlal as she left matrimonial home at the instance of Shivlal. He submitted that the language of Sec. 125 Cr.P.C. empathically lays down that in case if wife is living in adultery or without any sufficient reasons, refuses to live with her husband or if living separately by mutual consent then, she is not entitled for grant of any maintenance. He submitted that the deposition of NAW-2 and the documents exhibited in the evidence before the learned trial Court proved the defence as raised by the present petitioner. He further submitted that respondents No.1 to 3 are not entitled for grant of maintenance. He further submitted that petitioner is a poor man and a daily wager, having insufficient means of earning thus, he is not in a position to pay maintenance amount to respondents No.1 to 3 as ordered by the learned trial Court.

(3.) Aforesaid contentions were opposed by the learned Public Prosecutor for the state while submitting that there is concurrent findings of both the Courts below.