ORDER :

This petition is filed for setting aside the order dated 03.11.2017 passed by the II Additional Principal Judge, Family Court, Bengaluru, in Crl.Misc. No.271/2013 and consequentially to dismiss the petition.

2. The facts leading to this petition are that the respondent – wife had filed a petition under Section 125 of the Code of Criminal Procedure before the Family Court seeking maintenance. On hearing both parties, the II Additional Principal Judge, Family Court, Bangalore, passed an order directing the petitioner to pay the maintenance of Rs.5,000/- per month from the date of petition till she deserves to receive it. The respondent shall also pay the arrears of maintenance and shall continue to pay the current and future maintenance amount on or before 10th of every month.

3. Several grounds are urged challenging the legality of the impugned order.

4. The main contention is that the evidence by way of affidavit is not permissible in the maintenance proceedings initiated under Section 125 of Code of Criminal Procedure. The learned counsel for the petitioner would strenuously contend that the evidence by way of affidavit in respect of 125 Cr.P.C. is not in accordance with the p