JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.In the present appeal the appellant questions correctness of the order passed by a learned Single Judge of the Allahabad High Court dismissing her revision petition (Criminal Revision No.1161 of 1995). The appellant had questioned correctness of the order passed by learned Additional Sessions Judge, Aligarh, setting aside the order dated 7.7.1994 passed by the learned Judicial Magistrate, Aligarh. By the said order dated 7.7.1994 learned Judicial Magistrate had accepted the prayer for grant of maintenance filed by the appellant in terms of Section 125 of the Code of Criminal Procedure,1973 (in short ‘Cr.P.C.’). She directed respondent no.2 to pay a monthly maintenance of Rs.450/- to the appellant.

2.Background facts in a nutshell are as follows :

The appellant had married respondent no.2 in the year 1959 and a child was born to them in 1966. Unfortunately the son died in the year 1991. Respondent no.2 who was living separately from the appellant stopped coming to the house of the appellant where she was staying and also did not pay anything for her subsistence. Therefore, an application under Section 125 Cr.P.C. was filed on 21.2.1992. Bef