MAHESH KUMAR SONI Vs. JUDICIAL MAGISTRATE

JUDGEMENT

(1.) Petitioner has preferred this Miscellaneous Petition aggrieved by order dated 07.10.2010 passed by Judicial Magistrate, Pilani whereby the Court below has allowed the application under Section 125 Cr.P.C. and has awarded Rs.1,000/- per month maintenance to respondent No.2.

(2.) It is contended by counsel for the petitioner that respondent No.2 was living in Adultery and therefore she was not entitled to any maintenance as sub-Section (4) of Section 125 Cr.P.C. provide that wife will not be entitled to receive any maintenance or interim maintenance if she is living an Adultery.

(3.) It is contended by counsel for the petitioner that in the judgment passed by the Family Court on 22.04.1989, the Court held that respondent No.2 is leading an Adulterous life and on that ground decree of divorce was passed in favour of the petitioner.