- (1.) 'Vakalatnama' filed by the learned Advocate for the petitioner be kept with the record.
(2.) The present petition has been filed under Section 482 of the Code of Criminal Procedure praying that the order dated 21st June, 2012 passed by the Judicial Magistrate, Lalbagh, Murshidabad in connection with M. R. Case No. 440 of 2011 corresponding to T. R. No. 1013 of 2011 whereby the petitioner was directed to pay interim monthly maintenance to the wife at the rate of Rs. 800/- per month and at the rate of 600/- per month to the minor child, be .set aside. Sri Deep Chaim Kabir, learned Advocate for the petitioner has submitted that the petitioner had filed a civil suit in the Court of learned' Civil Judge (Junior Division), Lalbagh, Murshidabad for declaration that the opposite party is not a legally wedded wife of the petitioner. Counsel for the petitioner stated that on 31st October, 2011, an ad interim injunction has been issued by the (Civil Judge Junior Division), Lalbagh, Murshidabad, wherein opposite party wife has been restrained from claiming herself to be the wife of the petitioner.
(3.) Counsel for the petitioner submits that in view of the ad interim injunction, the opposite party is not entitled to claim any maintenance. It is further submitted that since the status of opposite party to claim herself as wife of the petitioner is sub judice, she is not entitled to maintenance.;