- (1.) Leave granted.
(2.) This appeal by special leave arises from the order of the single Judge dated December 17, 1990 of the High Court of Allahabad made in Civil Misc. W.P. No.706 of 1990 (reported in 1991 All LJ 925 : 1991 Cri LJ 2357). The undisputed facts are that the appellant and Mrs.Geeta, the respondent, are legally married couple. Their marriage was solemnized on November 22, 1981. The respondent laid the proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short 'the Doe') on July 14, 1987 for maintenance on the ground that the appellant is impotent and he neglected her and that, therefore, she claimed maintenance for separate residence from the appellant. The learned Magistrate awarded a sum of Rs.500/- per month w.e.f. the date of filing of the petition. On revision the Sessions Judge confirmed the same. The High Court dismissed the writ filed under Article 226 of the Constitution of India by the impugned order. Thus, this appeal by special leave.
(3.) The only question raised by Shri S. C. Birla, the learned counsel for the appellant, is that the appellant had not neglected to maintain Mrs. Geeta. The very foundation for claiming maintenance under S.125 of the Code is that the appellant had neglected to maintain the respondent and that the respondent was not having sufficient means for her self-maintenance. We are unable to agree with the appellant. Section 125(1) of the Code envisages that : "(1) If any person having sufficient means neglects or refuses to maintain - (a) his wife, unable to maintain herself, or (b) to (d) x x x x x x x x x x a Magistrate of the first class may, upon proof of such neglect or refusal, order such person to make a monthly allowance for the maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as the Magistrate may from time to time direct".;