HIGH COURT OF CHHATTISGARH ATBILASPUR Cr.M.P. No. 153/2011 APPLICANT VERSUS RESPONDENT 2. 3. Ainrit Bai, D/o Ghanshyam Nirmalkar, aged about 20 years, R/o Village Joratarai, Police Station Ambagarh Chowki, Distt. Rajnandgaon (C.G.). Umesh Kumar, S/o Rai Singh, aged about 23 years, R/o Village Joratarai, Police Station Ambagarh Chowki, Distt. Rajnandgaon (C.G.). PETITION UNDER SECTION 482 OF THE CODB OF CRIMINAL PROCEDURE, (SB :Hon'bIe Mr. T.P.Sharma, J.) Present:- Shri C.K. Sahu, Advocate on behalfofShri C.R. Sahu, Advocate for the applicant/petitioner. Respondent not noticed. ORAL- ORDER (Passedon 18/03/2011) By this petition under Section 482 of the Code of Criminal Procedure, 1973(in short 'the Code') petitioner has challenged the legality and propriety of the order dated 21/1/2011 passed by Sessions Judge, Rajnandgaon in criminal revision No. 40/2010 reversing the order dated 14/9/2010 passed by Judicial Magistrate First Class, Ambagarh Chowki in Misc. Criminal Case No. 05/10. Vide order dated 14/9/2010 learned Judicial Magistrate First Class, Ambagarh Chowki has passed interim order of maintenance of Rs. 500/- in favour of the petitioner, sarae was reversed by the order impugned. Learned counsel for the petitioner Shri C.K. Sahu is heard. Both the orders impugned, copy of application and reply filed by the parties in proceeding of maintenance under Section 125 ofthe Code are perused. iiftla s a^ Present petitioner who is member of Dhobi caste has claimed specific form of marriage in presence of member of Gond community with respondent who is member of Gond caste/Scheduled Tribe which has been specifically denied by the respondent. While reversing the order passed by trial Court Sessions Judge, Rajnandgaon has held that in absence of admitted valid marriage petitioner is not entitled for interim maintenance. In order to claim interim maintenance, petitioner is required to establish the fact that person against him he or she are claimini naaintenance is legally liable to pay such maintenance and relationship of the parties are not disputed. In the present case, relationship of the parties is under dispute and without producing sufficient evidence on behalf of the petitioner, any presumption relating to valid marriage would not be possible in the present case. Consequently, order of interim maintenance passed by Judicial Magistrate Pirst Class, Ambagarh Chowki was contrary to law and has been rightly set-aside by the Sessions Judge, Rajnandgaon. While passing order impugned, Sessions Judge, Rajnandgaon has not committed any illegality requiring any interference in exercise of extraordinary inherent jurisdiction in terms of Section 482 of the Code. Consequently, petition is liable to be dismissed and is hereby dismissed. ;L Sa/- T.P. Shamia Judge