JUDGMENT :

1. Heard Dr. N. Deka, learned counsel for the petitioner. Also heard Mr. P. Lorin, learned counsel for the respondent No. 2 as well as Mr. V. Zhimomi, learned Public Prosecutor for the respondent No. 1.

2. This Criminal Petition has been registered on filing of an application under Section 482 of the Code of Criminal Procedure, 1973 read with Section 397/401 of the said Code, by Sri Amit Kumar Jain, impugning the Order dated 31.01.2022, passed by the learned Principal Judge, Family Court No. 1, at Dimapur, in Maintenance Case No. 03/2022, under Section 125 of the Code of Criminal Procedure, 1973.

3. The facts relevant for consideration of the instant Criminal Petition, in brief, are as follows:-

i. That the present petitioner and respondent No. 2 were married to each other on 21.04.2007 and two children were born out of their wedlock, one son, namely, Shaksham Jain and one daughter, namely, Inaaya Jain.

ii. Both the parties are staying separately from each other since 20.03.2019. The son stays in the custody of the petitioner i.e., the father and the daughter stays in the custody of respondent No. 2, i.e. the mother.

iii. The respondent No. 2 had filed a divorce case against t