IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. Criminal Miscellaneous Petition No.1290 of 2004. Kanhaiya Lal son of Shri Chaturbhuj Teli VERSUS Krishna Bai daughter of Shri Ram Narain & Another Date of Order :::: 06/02/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sushil Sharma, Counsel for the Petitioner Mr. Sanjay Mehrishi, Counsel for the respondents. By the Court : The petitioner Kanhaiya Lal is the husband of respondent No.1 Krishna Bai and father of respondent No.2 Master Rajesh, against whom a petition under Section 125 of the Cr.P.C. claiming maintenance was presented by the respondents before the Court of Judicial Magistrate, 1st Class, Jhalawar, and the trial Magistrate vide its order dated 21.07.2004 fixed the maintenance @ Rs.400/- per month, each to the respondents, from the date of filing of the petition. To receive the amount of maintenance by the respondent no.2 Smt. Krishna Bai, a condition was imposed to the effect that she would be entitled this maintenance till she did not remerry with any person. Against the said order separate revision petitions by both the parties were preferred, which came to be decided by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Jhalawar, who vide its order dated 10.12.2004 dismissed both the revision petitions and upheld the order of the Lower Court, against which this criminal miscellaneous petition under Section 482 of the Cr.P.C. has been preferred by the petitioner-husband. Heard learned counsel for the parties and perused the impugned orders passed by the trial Court as well as material available on record. The learned counsel for the petitioner could not point out any lacunae legal or otherwise in the order so passed. The factum of the marriage is admitted. The only claim of the petitioner is that he has divorced his wife, but this fact alone is not sufficient to disentitle the respondent-wife to claim the maintenance unless the grounds provided under the statutes are available. No such fact was brought to the notice of this Court about any illegality in the orders, so passed, therefore, this miscellaneous petition deserves to be dismissed. Consequently, this miscellaneous petition stands dismissed. (Bhanwaroo Khan) J. ashok/ IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B.Criminal Miscellaneous Stay Application No.993/2004 IN S.B. Criminal Miscellaneous Petition No.1290 of 2004. Kanhaiya Lal son of Shri Chaturbhuj Teli VERSUS Krishna Bai daughter of Shri Ram Narain & Another Date of Order :::: 06/02/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. Sushil Sharma, Counsel for the Petitioner Mr. Sanjay Mehrishi, Counsel for the respondents. By the Court : Consequent upon dismissal of the main miscellaneous petition, the stay application, filed therewith, does not survive and the same is also dismissed. Bhanwaroo Khan, J.