- (1.) Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure, 1973( 'Cr.P.C.' for short) seeking quashing of order dated 15.12.2007 passed by the Judicial Magistrate First Class (Annexure P1), as upheld vide order dated 1.9.2009(Annexure P2) passed by the Sessions Judge, whereby the maintenance to the tune of Rs. 700/- per month was awarded to the respondent.
(2.) Respondent had filed the petition under Section 125 Cr.P.C. seeking maintenance from the petitioner. The case of the respondent, in brief, was that she was married to petitioner in the year 1999. Respondent had been thrown out of the matrimonial home and was unable to maintain herself. Petitioner, in his written statement, denied the factum of his marriage with the respondent and prayed that the petition under Section 125 Cr.P.C filed by the respondent was liable to be dismissed.
(3.) Both the parties led their evidence in support of their case. The trial Court vide order dated 15.12.2007 allowed the application filed by the respondent. Respondent was allowed Rs. 700/- per month towards maintenance. The said order was upheld in revision filed by the petitioner vide order dated 1.9.2009. Hence, the present petition.;