ORDER

1. The present Misc. Petition under Section 482 Cr.P.C. has been preferred by the petitioner aggrieved from the order dated 25.06.2011 passed by learned Additional Sessions Judge, Nathdwara in Criminal Revision No.24/2009 (Sunil Kumar Vs. Smt. Bhawna & Ors.) whereby the revision preferred by the petitioner against the order dated 23.10.2008 passed by the learned Judicial Magistrate Ist Class, Nathdwara in Criminal Case No. 123/2007 was dismissed.

2. Learned counsel for the petitioner submitted that the order of learned Judicial Magistrate Ist Class, Nathdwara (herein after referred to as ’the trial Court’) for granting maintenance was upheld by the learned Additional Sessions Judge, Nathdwara (herein after referred to as ’the revisional court’) without investigating the fact that the main allegation against the respondent No.1 was adultery and the petitioner raised specific defence with supporting evidence that respondent No.2 was having illicit relations with one Shivlal as she left matrimonial home at the instance of Shivlal. He submitted that the language of Section 125 Cr.P.C. empathically lays down that in case if wife is living in adultery or without any sufficient reason