JUDGMENT

MADON, J. :— Both the parties are Muslims. On January 15, 1973, the Appellant obtained under the Dissolution of Muslim Marriages Act, 1939, a decree of dissolution of her marriage with her, husband, the Respondent. There was one issue born of the marriage of the Appellant with the Respondent, namely, a son. On coming into force on April 1, 1974 of the Code of Criminal Procedure, 1973, the Appellant filed on September 17, 1974, a petition under section 125 of the said Code for maintenance for herself and the child of the marriage. The Respondent contended that the Appellants marriage with the Respondent having been dissolved by a decree of dissolution by a civil court, she was not entitled to any maintenance under the said section 125. This defence was rejected and the Special Judicial Magistrate, Barabanki, U.P., allowed the said application by his order dated December 29, 1976, and directed the Respondent to pay a sum of Rs. 100/- per month in all as maintenance both for the Appellant and the child, holding that the Appellant had been neglected by the Respondent without reasonable or probable cause. The order of the learned Magistrate was upheld by the Sessions Judge in r