K.N.Ojha, J. - (1.) Instant revision has been preferred against judgment and order dated 21.1.1985 delivered by learned Sessions Judge, Pilibhit, in Criminal Revision No. 76 of 1985, Smt. Shakina Begum v. Saghir Ahmad, whereby the revision was allowed and the revisionist husband, Saghir Ahmad was directed to make payment of maintenance allowance to Smt. Shakina Begum at the rate of Rs. 200/- per month and at the rate of Rs. 300/- per month to her daughter. By the impugned order dated 21.1.1985 the learned Sessions Judge allowed the revision by setting aside the order dated 18.12.1984 whereby the learned 3rd Additional Munsif Magistrate, Pilibhit, dismissed the Case bearing No. 79 of 1984, Smt. Shakina Begum v. Saghir Ahmad, under Section 125 Cr.P.C. police station Neoria, district Pilibhit.
(2.) Heard Sri Roshan Khan, learned counsel for the revisionist and Sri Vinay Kumar Singh, learned counsel for the respondent end have gone through the record.
(3.) The fact of the case as revealed from the record is that Smt. Shakina Begum Is legally wedded wife of the revisionist Saghir Ahmad. One daughter was born from their wedlock. She was aged about 6 years at the time, the petition was filed. The daughter is living with her mother Smt. Shakina Begum at the residence of her brother. According to revisionist Saghir Ahmad, Smt. Shakina has got 11 Bighas agricultural land in village Richha. Some shops are in possession of Smt. Shakina Begum in which there are tenants. She knows work of sewing and embroidery. Thus she is able to maintain herself, The case of Smt. Shakina Begum is that Saghir Ahmad, her husband, used to look after her property. He beat her on 14.3.1984 and turned her out of his house. Smt. Shakina Begum and her daughter left his house and took shelter in village Bhikaripur at the residence of her brother. By doing so Saghir Ahmad wants to usurp the property of Smt. Shakina Begum. It is also alleged by Smt. Shakina Begum that she has no source to maintain herself and her daughter and her husband never cared for them nor he wants to take them back. It is further alleged that Saghir Ahmad has got about 200 bighas landed property, flour mill, share in rice mill, tractor and heavy deposits in Banks. Thus he is a rich man and earns Rs. 50,000/- per month, therefore, Rs. 500/- was claimed by her as maintenance allowance, which was the maximum maintenance provided by statute at that time.;