Mr. Ram Chand Gupta, J.(Oral) - The present petition has been filed under Section 482 of Code of Criminal Procedure for setting aside order dated 27.08.2008 passed by learned Chief Judicial Magistrate, Rewari in petition no. 24 of 2005, Annexure P3, filed by petitioner-wife for maintenance under Section 125 Cr.P.C. as well as order passed by learned Additional Sessions Judge, Rewari in petition no.56 of 2008 titled as ‘Mangat Ram v. Sushma Devi and another’ and in revision petition bearing no. 5 of 2009 titled as ‘Sushma Devi v. Mangat Ram’ filed by petitioner-wife, which were decided on 03.07.2009 vide which learned Chief Judicial Magistrate had granted maintenance at the rate of Rs.5,000/- per month to petitioner-wife and however, the same was reduced to Rs.4,000/- per month by learned Additional Sessions Judge, Rewari.

2. I have heard learned counsel for the parties and have gone through the whole record including the impugned orders.

3. Relationship of husband-wife has not been disputed. There is also no dispute that petitioner-wife is residing separate from respondent-husband. Petitioner is having no income to maintain herself. It is the duty of respondent-husband to