Shree Chandrashekhar, J. - (1.) The petitioner has challenged the order dated 18.07.2016 passed in Misc. Case No. 120 of 2009 by which her application under section 125 Cr.P.C has been dismissed on the ground that she has failed to establish that she is unable to maintain herself.
(2.) The learned Family Court Judge has held that the opposite party-husband has sufficient means to maintain his wife but the applicant has failed to establish that she is unable to maintain herself.
(3.) On such findings, the present criminal revision petition deserves to be allowed on a short ground that in a proceeding under section 125 Cr.P.C which essentially is a summary proceeding the expression "unable to maintain herself" cannot be construed to mean that the wife must establish that she does not have any income at all and she is leading life of a beggar.;