M. C. JAIN, J.

( 1 ) THIS is an application u/s. 482, Cr. P. C. against the order of the Sessions Judge dated 31st July, 1981 passed in criminal revision No. 134/80 whereby the learned Sessions Judge dismissed the applicants revision petition in proceedings relating to maintenance.

( 2 ) THE facts may briefly be stated as under leading to the present application :-

( 3 ) THE respondent Smt. Shantidevi submitted an application u/s. 125, Cr. P. C. for maintenance for herself and for her minor daughter Ashakumari. The present applicant did not appear in that application despite service of notice and final ex parte order was passed on 19-6-79 granting maintenance to Shanti Devi and Asha Kumari. Thereafter an application was submitted on 30th November, 1979 by the applicant for cancellation of the order dated 19-6-79 mentioning it to be u/s. 125, Sub-Secs. (4) and (5), Cr. P. C. It was stated in that application that the applicant had filed proceedings for judicial separation and a decree for judicial separation was passed on 13-4-72. It was found in that petition that the parties after marriage never cohabited and the child Asha Kumari is not the child from the applicant. Thereafter a petition for divorce was also submitted by the applicant and a decree of divorce has also been passed by the Court of Civil Judge, Senior Division, Akvla on 2nd April, 1979 in Hindu Marriage Case No. 96/1978. Reply to the application u/s. 125 (4) and 125 (5), Cr. P. C. was submitted by the respondent. The learned Magistrate after hearing the arguments dismissed the application on 15-7-80 dissatisfied with that order, criminal revision petition was filed before the Sessions Judge who by his impugned order dismissed that petition. Hence this application u/s. 482, Cr. P. C.

( 4 ) IT may also be stated that the applicant also availed remedies in this Court one by way of revision petition against the ex parte order dated 19-6-79 in S. B. Revision No. 36/80 but that revision petition was dismissed on 18-7-80 as not pressed as it was stated that the applicant has already applied before the Magistrate for setting aside the ex parte order of maintenance. As a matter of fact the application was for cancellation of the order stated to be under Sub-Sec. (4) and Sub-Sec. (5) of Sec. 125, Cr. P. C. The petitioner also filed an application u/s. 482, Cr. P. C. against the order dated 15-7-80 in S. B. Cr. Misc. Application No. 128/80 but that application was also dismissed with the observations that the learned counsel for the applicant fairly concedes that the applicant has preferred the revision petition in the Sessions Court, Jodhpur therefore this application u/s. 482, Cr. P. C. is not maintainable. This Court, therefore, dismissed the application and it was observed that it will not affect the merits of the revision pending before the learned Sessions Judge. Thus, it would appear that the remedies by way of revision against the main order dated 19-6-79 and remedy by way of an application u/s. 482, Cr. P. C. against the order dated 15-7-80 would not in any way affect the present application as the matters were not finally heard and decided and it was left to the applicant to get the alternative remedy availed by him, decided.

( 5 ) I have heard Shri P. C. Tatia, learned counsel for the applicant and Shri P. N. Mohanani, learned counsel for the respondent.

( 6 ) LEARNED counsel for the applicant submitted that the Courts below have seriously erred in rejecting the applicants application despite the fact that the decree for judicial separation was passed in Hindu Marriage Case No. 67/70 on 13-4-72 by the Civil Judge, Senior Division, Akola and thereafter a decree for divorce was also passed on 2-4-79 in the divorce petition by that very Court in case No. 96/78. In the petition for judicial separation one of the issues was as under :-"does petitioner prove that the respondent has after solemnization of marriage had sexual intercourse with any other perso