Kalyan Dutta, J. - (1.) This is an application under section 482, Cr. P. C. filed by Mohan Lal for setting aside the order of the Sessions Judge, Balotra, dated October 22, 1977, in Criminal Revision No. 4 of 1977, confirming the order of the Munsif Magistrate, Barmer, dated December 15, 1976, granting maintenance to Smt. Pushpa at the rate of Rs. 250/- p. m. from the date of her application i. e., September 30, 1974.
(2.) The relevant facts giving rise to this application may be briefly stated as follows:- Smt. Pushpa is the legally married wife of the petitioner. Her marriage with the petitioner took place on Asada Sudi 7 Samvant year 2023 in accordance with the Hindu rites. After her marriage, she lived with her husband in the latters house at Phalsund for some time. Thereafter the petitioner married another woman and began to treat his first wife Mst. Pushpa in a cruel manner. The petitioner then took Mst. Pushpa, non-petitioner, to her parents house at Barmer on some pretext and left her there without making any provision for her maintenance. Smt. Pushpa lived with her parents for some time but, later on, she preferred to live separately in a rented house. As the petitioner neglected to maintain her and as she was having no means for her livelihood, she applied for maintenance to the court of the Munsif and Judicial Magistrate, Barmer under section 125 Cr. P. C. The learned Magistrate issued notice to the petitioner and enquired into the application for maintenance. The petitioner appeared before the Magistrate and contended that he had deposited Rs. 7,000/- with Jai Narayan for maintenance of Smt. Pushpa and so the application for maintenance was liable to be dismissed. The petitioner further urged that his marriage with Smt. Pushpa was not performed in accordance with Hindu Rites. He, however, admitted that Smt. Pushpa lived with him at his house.
(3.) The learned Magistrate recorded the evidence of the parties and after hearing arguments came to the conclusion that Smt. Pushpa was the lawfully wedded wife of the petitioner and that the petitioner neglected to maintain her and contracted second marriage with another woman during Smt. Pushpas life-time. He, accordingly, awarded maintenance to Smt. Pusha at the rate of Rs. 250/- since the date of her application. Aggrieved by the order of maintenance, the petitioner filed a revision petition in the court of the Sessions Judge, Balotra, but the revision-petition was dismissed and the order of maintenance passed by the learned Munsif and Judicial Magistrate, Barmer was upheld. Hence, Mohan Lal, petitioner, has moved this court in exercise of its inherent jurisdiction for setting aside the orders of the courts below.;