I.S. Tiwana, J. (Oral) - This is a petition under Section 482, Criminal Procedure Code for quashing orders of the trial magistrate and the revisional court passed in proceedings under Section 125, Criminal Procedure Code whereby the said two courts have consistently granted maintenance to the respondent-wife @ Rs. 200/- per month and Rs. 100/- per month for her infant child. Though I am of the considered opinion that this petition cannot be entertained by just labeling it as one mount to circumventing the provisions under Section 482, Criminal Procedure Code, its that would amount of section 397 (2) Criminal Procedure Code, yet since the learned counsel for the petitioner is vehement in urging that there is a law point involved in the case which goes to the very root of it I have chosen to examine the matter.

2. The submission of the learned counsel in this regard is that since both the courts below have recorded a conclusion in the light of the copy of the judgment Ex R I of the civil court that the respondent wife had given birth to an illegitimate child it should have been assumed that she was living in adultery, and, thus, disentitled to any amount of maintenance. I, howev