1 S.B. Cr. Misc. Petition No. 942/2007 (Sawar Mal Vs. Smt. Sita) Date of order : 28.03.2008 HON'BLE MR.H.R.PANWAR,J. Ms. Yogita Mohanani for the petitioner. Mr. R.S.Chundawat for the respondent. By the instant petition the petitioner has challenged the order dated 8.6.2007 passed by Additional Sessions Judge No.1, Bhilwara (for short 'the revisional court' hereinafter) whereby the revision petition filed by the petitioner against the order dated 21.11.2006 passed by Judicial Magistrate, Mandal (for short 'the trial court' hereinafter) was dismissed. I have heard learned counsel for the parties. The trial court granted monthly allowance of maintenance in favour of the non-petitioner, who is wife of the present petitioner and the petitioner has not disputed this fact, at the rate of Rs. 1000/- per month with effect from June 2000. The grievance of the petitioner is that the trial court fell in error in granting monthly allowance of maintenance from the date of application, as a matter of fact the order ought to have been from the date of order. It is further contended that the monthly allowance of maintenance granted in favour of the 2 non-petitioner is excessive as the petitioner is third grade teacher. On careful perusal of the record of the trial court and the orders passed by the courts below, in my view, the trial court was justified in granting monthly allowance of maintenance @ Rs. 1000/- in favour of the non-petitioner from the date of application keeping in view the decision of Division Bench of this Court in in Smt. Savita Sharma Vs. Shri Krishan Murari 1990 (1) RLR 400. Learned counsel for the petitioner submits that now the non-petitioner has contracted second marriage (nata marriage) and therefore, she is not entitled for maintenance. If the non- petitioner has contracted second marriage, it would be open for the petitioner to move before the trial court under Section 127 Cr.P.C. so that appropriate order can be passed by the trial court. It is settled law that the wife on re-marriage is not entitled to any monthly allowance of maintenance from the former husband. The criminal misc. petition is dismissed. Stay petition also stands dismissed. (H.R.PANWAR), J. rp