(1) SPECIAL leave granted.

(2) THE appeal is directed against the judgment of a learned Single Judge of the Allahabad High court dated 8/2/1995. The learned Single Judge was hearing a criminal revision petition directed against the judgment and order of the Family court at Agra wherein, on the application of the respondent- wife under Section 125 of the Criminal Procedure Code, maintenance was granted to her at the rate of Rs 500.00 p.m. from the date of the application. The order was challenged before the High court by the appellant-husband as being contrary to the provisions of Section 125(2. The learned Judge, having referred to the authorities cited before him, found that

"IT was never considered whether the provisions contained in Ss. (2 of Section 125 Criminal Procedure Code were ultra vires on the touchstone of reasonableness as enshrined under Article 14 of the Constitution of India".

He then proceeded to do so and held it to be "obnoxious, unreasonable, arbitrary and unfair". He, therefore, declared it ultra vires Article 14 of the Constitution, so that it could not be pleaded as a ground to challenge the validity of the order of maintenance payable from