- (1.) This criminal writ petition has been filed against the order dated 5.10.2013 passed by Addl. Sessions Judge, Mau arising out of the order dated 7.6.2012 passed by Judicial Magistrate, Mau in Case No.693 of 2011 (Smt. Kiran vs. Rajesh Kumar and others) by which the court below awarded Rs.2000/- per month as interim maintenance.
(2.) The counsel for the petitioner has submitted that the petitioner is the labourer and he has no source of income and that respondent no.2 Smt. Kiran is living in adultery house with some other person. In these circumstances, no case of maintenance allowance is made out against the petitioner. In support of his contention, the counsel for the petitioner has cited the rulings Mitanjali Mohanty vs. Fanendra Mohanty and another, 1992 CrLJ 4046 and Abdul Ahad vs. Smt. Nasreen Bano, 1994 CrLJ 688 and has submitted that the order granting the interim maintenance allowance is defective, so the same should be set aside.
(3.) I have considered the submissions of the counsel for the petitioner and perused the record.;