JUDGMENT

Amaresh Kumar Singh, J. -Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel for the non-petitioner Nos. 2-4.

2. This petition under section 482 of Criminal Procedure Code has been filed against the order passed by the learned Sessions Judge, Pali in Vijay Singh v. Sugan Kanwar and others1. By the aforesaid order the learned Sessions Judge, Pali rejected the Revision Petition No. 3/94 filed by Vijay Singh against the grant of interim maintenance allowance to his two minor children and partly allowed the Revision Petition No. 4/94 filed by Smt. Sugan Kanwar. The learned Sessions Judge gave a direction to the Magistrate that he would give a finding about the question whether the customary marriage by Nata is prevalent in the community of parties and whether the non-petitioner No. 2 had been divorced from her husband according to the custom prevalent in the community.

3. It appears that a petition under section 125 of the Criminal Procedure Code was filed in the Court of the learned Magistrate for grant of maintenance under section 125 of the Criminal Procedure Code. The learned Magistrate by his order dated 31st January 1994 co