1. - The petitioner has challenged the order dated 17.10.2008 passed by the Judicial Magistrate (First Class) Sikari, District Dausa wherein the learned Magistrate has directed the petitioner to pay a maintenance of Rs. 1,500/- per month to the respondent No.2, Vimla Devi, from the date of filing of the application i.e. from 23.08.2006 after deducting the amount which she may be receiving as maintenance under an order passed by any other court.

2. In brief, the facts of the case are that Vimla Devi, filed an application under Section 125 Criminal Procedure Code before the learned Magistrate claiming maintenance against the petitioner. She claimed that she was married with the petitioner about ten years ago according to Hindu rites and customs. The marriage was performed at village Bhojpura. After the marriage, when her brother came to her in-laws' house to take her, the petitioner and his family members misbehaved with her and her brother for not giving a motorcycle, a color T.V. & a fridge in dowry. After she came back to her parental house, the petitioner and his family members never came back to take her, but regularly demanded dowry. On their demand, her father gave Rs.