Mr. Marwadi, learned Advocate appointed on behalf of the petitioner, seeks leave to implead the State of Maharashtra as respondent No.2. Leave granted. Amendment be effected immediately.

2. Heard Mr. Marwadi and Mr. Adsule learned APP for the State.

3. To state in brief the respondent Nisha Sawant is the wife of the petitioner Pravin. On account of certain matrimonial disputes between the two, they were living separately. The respondent-wife filed criminal Misc. Application No. 130/1997 before the J.M.F.C., Ichalkaranji seeking the maintenance under section 125 Cr.P.C.. After hearing the parties, the learned Magistrate granted maintenance. That order was challenged by the petitioner in revision application, which was also dismissed. After that the wife and minor daughter of the petitioner filed an application for execution of that order of maintenance under section 125 (3) Cr.P.C. On 5/3/2004 a notice was issued to the petitioner. It appears that the matter was pending for long time. He did not appear nor he made any payment. On 15/6/2006 on behalf of the present petitioner, his father claiming to be holder of power of attorney for the petitioner, filed an applicatio