IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR JUDGMENT SYONARAYAN VS. STATE OF RAJ. AND ANR. S.B.Cr. Revision Petition No. 912 of 2006 under Section 397 read with section 401 Cr.P.C. against the order dated July 29, 2006 of Judicial Magistrate Niwai in Criminal Case No. 193 of 1999 whereby the application of the respondent No.2 under Section 125 Cr.P.C. Was allowed. Date of Order : December 17th ,2008 PRESENT HON’BLE MR. JUSTICE MAHESH CHANDRA SHARMA Mr. Suresh Sharma for Mr. Praveen Balwada for the petitioner Mr. Mukesh Sain, for non-petitioner No.2 Mr.B.N. Sandhu, Public Prosecutor. BY THE COURT : This revision petition has been filed by the petitioner Syonarayan, challenging the order dated July 29, 2006 of Judicial Magistrate Niwai in Criminal Case No. 193 of 1999 whereby the application under Section 125 Cr.P.C. filed by the non- petitioner No.2 Rampati was allowed and she was granted maintenance @ Rs. 500 per month from the date of filing the application till its disposal and further maintenance @ Rs. 1000/- per month till remarriatge of non-petitioner No.2. 2. Brief facts giving rise to this revision petition are that the non- petitioner No.2 filed application under section 125 Cr.P.C. stating therein that the marriage between the petitioner and non-petitioner No.2 was performed in the month of April 1986. It has been stated that when her marriage was performed she was minor and in the year 1992 on the day of Ram Navmi her `Gona' was done and she went with the petitioner at village Sobhagpura. For three years the behaviour of the petitioner was good and thereafter he started beating to her and told that her father has not given sufficient articles at the time of `Gona'. On account of cruel ill-treatment the non-petitioner No.2 left in-laws house and started living with her parents. It is stated in the application that the petitioner is in Bank service and performed second marriage with one Kamla without her permission. She made a complaint under section 9 of Hindu Marriage Act against the petitioner. The non-petitioner No.2, belongs to a poor family, hence not able to maintain herself. The petitioner belongs to a rich family and he is in service in the Bank of Rajasthan, and is getting Rs. 10000 per month. He is also having 100 bighas land and gets earning Rs. 50,000/- annually from the said land. The non- petitioner No.2 in these circumstances prayed to grant maintenance Rs. 1000 per month from the petitioner. The non- petitioner No.2 filed reply to the application and stated that due to misbehaviour by the family persons of non-petitioner No.2 the relations were closed before their marriage and marriage could not be held between the petitioner and the non-petitioner No.2. It was stated that neither the marriage was performed nor she came with the petitioner in any occasion of `Gona' and the non-petitioner has falsely alleged the demand of dowry. It is stated that he is married with one Kamla.. Proceedings under Section 9 of the Hindu Marriage Act were falsely alleged and he has filed an appeal before the High Court against that decree. The petitioners got examined four witnesses and exhibited documents. The non-petitioner No.2 so as to substantiate its case examined 5 witnesses and exhibited 3 documents. The Magistrate after hearing both the parties allowed the application vide order dated July 29, 2006. Hence this petition has been filed by the petitioner against this order. 3. The learned counsel for the petitioner made a submission that while passing the impugned order the Magistrate failed to properly appreciate the material and evidence obtaining on record. None of the witnesses produced on behalf of the non-petitio0ner has stated before the trial court that marriage ceremony had taken place as per customs among Meena caste. The learned counsel stated that even the non- petitioner No.2 herself has not stated regarding the rites and ceremonies which had taken place during the course of their alleged marriage. In absence of proving this fact that the non-petitioner No.2 is legally wedded wife of the petitioner, she is not entitled for any maintenance. 4. The learned counsel for the non- petitioner No.2 and the learned Public Prosecutor opposed the arguments of the petitioner and submitted that the order passed by the Magistrate is just and proper and there is no illegality in it. The Magistrate considered the material available on record. The learned counsel for the respondent placed reliance on Deochand vs. State of Maharashtra (1974 SCC (Cr.) 646). 5. I have heard the learned counsel for the parties and perused the judgment passed by the Magistrate. In the case of Deochand (supra) their Lordships of the Supreme Court held that wife filing application for maintenance on ground that her husband contracted a second marriage, clause (3) of section 488 justifies wife's refusal to live with her husband and the husband is under legal obligation to maintain her. The Magistrate has allowed the application for maintenance and granted maintenance in the sum of Rs. 500 per month from the date of application and further maintenance in the sum of Rs. 1000 per month till the non-petitioner No.2 is not remarried. The order passed by the Magistrate is perfectly legal and not contrary to law. The Magistrate has not committed any illegality in passing the same. Thus the impugned does not call for any interference in the revisional jurisdiction. The revision petition being devoid of merit stands rejected. (Mahesh Chandra Sharma) J. OPPareek/