JUDGMENT 1. - Petitioner has challenged the order 15.9.2004 passed by the learned Addl. Sessions Judge, Neem-Ka-Thana, Distt. Sikar whereby he has quashed and set-aside the order dated 16.2.2004 passed by the learned Addl. Chief Judi. Magistrate, Neem-Ka-Thana. Distt. Sikar. An application filed by the respondent under Section 125 Cr.PC. was rejected vide order dated 16.2.2004 by the learned Judicial Magistrate. However, while passing the order dated 15.9.2004, the learned Addl. Sessions Judge, directed the petitioner, Bhana Ram, to pay Rs. 500/- to the respondent wife as interim maintenance, from the date of filing of the application i.e. 26.7.2003. Since, the petitioner is aggrieved by the said order, he has approached this Court by way of filing this Criminal Misc. Petition. 2. Learned counsel for the petitioner has contended that since, the petitioner is an old man of 76 years, who does not have any source of income, therefore, he is not in position to pay the amount of interim maintenance. He further contends that there is no provision providing for grant of interim maintenance under Section 125 Cr.PC. 3. The last contention of the learned counsel for the petitioner is belied by the Second Proviso to Section 125(1) Cr.PC. wherein the power to grant interim maintenance has been bestowed on the Judicial Magistrate. 4. Taking into consideration the over all facts and circumstances of the case, we do not find any merit in this petition and the same is hereby dismissed.Petition dismissed - Order of interim maintenance sustained. *******