Sanjay K. Agrawal, J.

This Criminal miscellaneous petition under Section 482 of Cr.P.C. is directed against the order dated 13/08/2013 passed in Criminal Revision No. 28/12 whereby learned Additional Sessions Judge, Dongargarh has partly reversed the order dated 24/07/2012 passed in Criminal Case No. 86/2008 by the learned trial Court, rejecting the application filed by the applicant/wife under Section 125 of Cr.P.C. for grant of maintenance from the non-applicant/husband.

2. The applicant and the non-applicant are wife and husband respectively in relation, married in the year 2000 and out of their wedlock, they have a son namely Yogendra Kumar. Within an year of marriage, dispute arose between them which led to the filing of application by the applicant/wife for grant of maintenance, stating in the application that non-applicant/husband is not maintaining her and she has no source of income therefore, Rs. 3000/- per month be granted to her as maintenance. In the said application, the non-applicant/husband set up a plea that the applicant/wife is not living with him as per her own will and is leading an adulterous life with one Prakash and as such, she is not entitled for m