Debi Prasad Uniyal, J. - (1.)This revision is directed against an order granting maintenance to the wife of the Applicant Under Sec. 488 Code of Criminal Procedure.
(2.)Smt. Gayatri Devi, the wife alleged that her husband ill -treated her and she was forced to leave his house and go to live with her father. She further alleged that the husband had married a second time and refused to maintain her.
(3.)The Applicant (husband) denied the allegations made by the wife. He rested his case on a deed of gift executed by his adoptive father Janki Prasad on 12 -6 -1963 in her favour. By this deed some land was gifted by Janki Prasad to his daughter -in -law as a consideration for her consent to the second marriage and also to provide for some kind of maintenance for her. Both the courts below held that the Applicant had neglected to maintain his wife and ill -treated her.