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Judgment
B.J. Shethna, J.—Against the order passed by the court below granting maintenance at the rate of Rs. 500/- per month to the respondent wife, the petitioner husband has filed this petition u/s 482, Cr. P.C. as no second revision is maintainable u/s 399(3), Cr. P.C. This is nothing but to circumvent the bar this petition is filed. Ordinarily, this Court would not entertain such petition. Even for the sake of argument that the petition u/s 482, Cr. P.C. is maintainable, then also on merit, I do not find any substance to entertain this petition. The Courts below have rightly awarded maintenance at the rate of Rs. 500/- per month to the respondent wife. Therefore, this petition is required to be dismissed.
However, Shri B.L. Mandhana submits that the Courts below ought to have passed an order of adjusting Rs. 150/- per month, which was awarded by the trial Court by way of interim maintenance till the disposal of the main maintenance petition has no substance, because the petitioner has never raised this contention before the courts below. The interim maintenance is awarded to the wife so as to survive herself till her maintenance application is finally decided by the Court. It is upto the trial Court to pass an order of adjusting such amount. In fact, the wife is entitled for the maintenance amount not from the date of the application but the day on which she was driven out by her husband from the house.
In view of the above discussion, I do not find any substance or merit in this petition.
Accordingly, it is dismissed.