ORDER

K. Ramaswamy, J. - Delay condoned.

2. Leave granted.

3. The appellant was married to the respondent in the year 1971. She filed an application under Section 125, Code of Criminal Procedure, 1973 (for short, "the Code") for maintenance on July 21, 1988. The learned Magistrate by order dated February 28, 1990 granted a sum of Rs. 300/-per month, i.e. Rs. 200/- to the wife and Rs. 100/- to his minor son with effect from the date of the order. On revision, the learned Additional Sessions Judge, Kapurthala held that the wife was not entitled to the maintenance and granted Rs. 1001- per month only in favour of the son. By its order dated July 2, 1991, the High Court confirmed the same on the ground that the appellant was residing separately by mutual consent and that, therefore, she is not entitled to the maintenance. The maintenance to the son was enhanced to Rs. 150/- per month. Thus this appeal by special leave.

4. We have seen the agreement for divorce by mutual consent under which the parties have settled their terms. The parties have not challenged the validity of the agreement of divorce. Therefore, we proceed on the premise that it is a valid agreement and the appellant has sta