JUDGMENT

D.P.MOHAPATRA, J.

(1) LEAVE granted.

(2) THE appellant herein is the wife of the respondent. She has challenged the order dated 2.8.2000 of the High Court of Madhya Pradesh in miscellaneous criminal case no. 2472 of 1999. In the said order, the High Court in exercise of power under section 482 of the Criminal Procedure Code (for short Cr.P.C.) quashed the order passed by the learned judicial magistrate first class, Jabalpur under section 125 Cr.P.C. granting Rs. 250/- per month as maintenance for the wife which was confirmed by the learned 4th upper additional sessions judge, Jabalpur. From the discussions in the impugned order, it appears that the High Court interfered with the concurrent orders of the courts below mainly on two grounds; that the wife has left the matrimonial home voluntarily; and that she admitted that she was earning Rs. 50/- per day by agricultural operation. The High Court also observed that in her statement she accepted the position that her father-in-law owned no agricultural land and that her husband, who was wandering aimlessly, had no source of income.

(3) BEFORE taking up the merits of the case, it would be p