y' ^-. HIGH COURT OF CHHATTISGARH AT BILASPUR PETITIONER Cr. M.P. No.343/2007 Vishwao.afh Sah.u, son of late Bhagirafhi Sahu, aged about 45 years, Profession Goverament Teacher, residence of vitlage Reiiitra, PoHce Station Rengali, Tahsil-Lakhaapur, Distdct-Jharsugda, (Orissa), Versus Respo^adeait Smt. Bhaiiumati, wife of Vishwaiiath Sahu, aged bout 40 years, residence of Madhuvanpara, Raigarh, Tahsil aad Distdct Raigarh, (Chhattisgarh), APPLICATION UNDER SECTION 482 OP THB CRIMINAL PROCBDURE CODE. 1973. (SB :Hon?ble Mr. T.P.Sharma, J.) Present. Shri K.N. Nande, Advocate for the petitioner. ORAL- ORDER (Passedon 13/8/2009) 1, This petition is under Section 482 of the Code of Crimmal F>rocedure, 1973 (ia short the code) for quashinent of fhe order dated 11/5/07 passed by First Additional Sessions Judge, Raigarh, ia criniiaal revision No. 8/05 aSinniag the order dated 4/10/04 passed by Judicial Magistrate First Class, Raigarh ia Misc. Crimmal Case N0. 11/2004. 2. The order is challenged on fhe ground that vide order dated 2/5/89 Rs. 125/- has been already awarded to ttie respondent by fhe decree of civil Court fherefore she is not entitied for any maintenance under fhe provisions of Section 125 of fhe Code. In fhe year 1989 Rs. 125/- per monfh. was awarded by fhe Court to the respondent agaiiist petitioner but by tlie courts below Rs. 700/- per inonfh. niamtenaiice have been awarded to fhe respondent who is legaUy wedded wife of fhe petitioner. <^- ^L 3. Proceedmg under Section 125 of fhe Code aad clauii of mamtenaace ofcivil is not one aiid same but at tlie time ofpassiag of such order in. suitable cases fhe mamtenance amount in civil case may be taken m to calculation for award ofmaintenaace. 4. Takiag iato consideration fhe present cost of Uviag aad previous order iii civil dated 2/5/89 maiatenaace awarded under Section 125 of fhe Code is neifh.er unjust nor improper warraatiiig any iaterference, ConseqixenUy, this petition is Uable to be disinissed and it is hereby disniissed. I.A. No. 1/07 is also dismissed. T.P.Sharma Judge 1 ^