P. K. TRIPATHY, J.

( 1 ) THE petitioner has invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code') with a prayer to quash the order of maintenance passed by the S. D. J. M. , Cuttack against him under Section 125 of the Code vide order dated 12-12-1989 in Criminal Misc. Case No. 94 of 1988 which was confirmed by the First Addl. Sessions Judge, Cuttack in Criminal Revision No. 7 of 1990 vide order dated 19-3-1993.

( 2 ) OPPOSITE party No. 1 herself and for her minor sons opposite parties 2 and 3 claimed maintenance from the petitioner who is her husband and father of opposite party Nos. 2 and 3 on the ground of negligence, cruelty and desertion. In his written statement petitioner admitted the relationship but denied the allegations of negligence, cruelty and desertion. At the stage of tendring evidence the petitioner made a statement that he had divorced the opposite party No. 1 learned S. D. J. M. recorded a finding that the plea of divorce was not proved and that opposite party No. 1 proved the factum of negligence, cruelty and desertion. Accordingly, he awarded monthly maintenance of Rs. 200/- to the opposite party