V. Jagannathan, J: The short point for consideration in this petition filed under Section 397 R/w Section 401 of Cr. P.C. is whether the evidence by way of affidavit is permissible in respect of maintenance proceedings initiated under Section 125 of the Cr.P.C.

2. The facts in brief are that the petitioners herein claiming to be wife and daughter respectively of the respondent, filed a petition under Section 125 of the Cr. P. C. seeking maintenance and the Trial Court by its order dated 23.2.2008 allowed the maintenance petition by awarding Rs. 500- as maintenance per month to each, of the two petitioners. Aggrieved by the said order the respondent-husband preferred a criminal revision petition before the learned Sessions Judge in Crl.R.P No.37/2008 arid the main contention put forwarded was that the Trial Court was in error in accepting the affidavits filed by the respective parties and learned Sessions Judge consequently allowed the criminal revision petition by holding that the procedure followed by the learned Magistrate was unknown to law and it could not have permitted the parties to file affidavits and consequently the matter was remanded to the Trial Court for disposal