V.P.Mathur, J. - (1.) This revision is directed against the judgment and order passed on 30.7. 1984 by Sri G.P. Srivastava, the then Sessions Judge, Ghazipur in Criminal Revision No. 85 of 1984. The learned judge modified the order passed by the learned Magistrate and awarded maintenance allowance of Rs. 90/- per month to opposite party No.2 against the petitioner. The proceedings were in connection with criminal case No. 56 of 1982.
(2.) The criminal case was started at the instance of Smt. Subhagiya. She moved the application under Section 125 Cr. P.C. with the allegations that she was the married wife of Sin Ram and marriage had taken place according to Hindu rites and custom and that she had given birth to one son and one daughter from this wed-lock and that Sin Ram had taken another wife and was not maintainaning her.
(3.) The learned Magistrate after perusing the evidence on record, which consisted of the statements of the parties and one witness on the side of each came to the conclusion that the parties were husband and wife and he also came to the conclusion that the wife was living with her son who was an earning member of the family and the husbands income was so low that if he was made to part with any sum out of his income, he would himself starve. Under these circumstances the learned Magistrate dismissed the petition for maintenance.;