Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against a judgment dated August 27, 1980 of the Gujarat High Court* accepting the revision application of the respondent and setting aside the order of the Metropolitan Magistrate Ahmedabad. The facts of the case lie within a very narrow compass, which may be detailed thus.

* Reported in 1981 Cri. L. R. 197 (Guj).

2. The respondent who is the wife of the appellant filed an application before the Magistrate under S. 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code of 1973) for grant of maintenance by the appellant on the ground that her husband-appellant was guilty of wilful neglect and was unable to fulfil his primary responsibility of discharging his marital obligations. The parties were married on May 27, 1978 according to Sunni Muslim rites. After the marriage the respondent lived with her husband up to July, 1978. The respondent alleged that during this period she found her husband to be physically incapable of carrying on sexual relationship and that, her husband frankly told her that he was impotent. The respondent further alleged that she was maltreated and ultimately driven out o