ORDER

1. Leave granted.

2. This appeal by special leave arises from the order of the Single Judge dated 17-12-1990 of the High Court of Allahabad made in Civil Miscellaneous W. P. No. 706 of 1990. The undisputed facts are that the appellant and Mrs. Geeta, the respondent, are a legally married couple. Their marriage was solemnized on 22-11-1981. The respondent laid the proceedings under Section 125 of the Code of Criminal Procedure, 1973 (for short, the Code) on 14-7-1987 for maintenance on the ground that the appellant is impotent and he neglected her and that, therefore, she claimed maintenance for separate residence from the appellant. The learned magistrate awarded a sum of Rs. 500 per month w.e.f. the date of filing of the petition. On revision the Sessions Judge confirmed the same. The High Court dismissed the writ petition filed under Article 226 of the Constitution of India by the impugned order. Thus, this appeal by special leave.

3. The only question raised by Shri S. C. Birla, the learned counsel for the appellant, is that the appellant had not neglected to maintain Mrs. Geeta. The very foundation for claiming maintenance under Section 125 of the Code is that the appella