Jarat Kumar Jain, J.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973, against the order dated 30.05.2012 passed by 2nd ASJ, Shajapur in Criminal Revision No. 257/11 by which affirmed the order dated 14.10.2011 passed by ACJM, Shajapur in MJC No. 59/09.

2. Brief facts of this case are that the respondent wife has filed an application under Section 125 of Code of Criminal Procedure against the Petitioner-husband claiming the maintenance on the ground that their marriage was solemnized way back in the year 1951 as per the Hindu rites. She lived with the Petitioner for about five years. During that period she was subjected to cruelty and the Petitioner-husband used to beat her and he expressed that he did not like her. Ultimately the respondent wife was turned out from her matrimonial home and she started living with her father. Thereafter for almost forty years she lived separately. Now she became old and unable to maintain herself whereas the Petitioner has agriculture income of Rs. 5.00 lakh per year. The Petitioner has contracted the second marriage and in such circumstances, the Petitioner-husband be directed to pay her the mainten