Judgment

FAZAL ALI, J. (for himself and Varadarajan, J.) :-This appeal by special leave is directed against a judgment dated October 20, 1978 of the Allahabad High Court (Lucknow Bench) by which a revision filed by the respondent for setting aside an order of maintenance passed by the trial Magistrate was accepted and the said order was quashed.

2. The facts of the appeal lie within a narrow compass but the case involves a substantial question of law. Unfortunately, as the respondent did not appear despite service, we had to rely mainly on the arguments of the learned counsel for the appellant and had also to consider various aspects that could be stressed by the respondent if he had appeared. The appellant, Mst. Zohara Khatoon, was a legally married wife of Mohd. Ibrahim. As Mohd. Ibrahim soon after the marriage wilfully neglected her she filed an application before the trial Magistrate on September 17, 1974 under Section 125 of the Code of Criminal Procedure 1973 (hereinafter referred to as the 1973 Code) in order to fix maintenance for her and her minor son. The Special Judicial Magistrate, Barabanki (U. P.), after hearing the parties, allowed the application by his order dated De