Judgment :

1. This appeal has been preferred against the judgment and order dated 8th October, 2004 of the High Court of Judicature at Allahabad passed in First Appeal Nos.786 and 787/2000 and by which the decree of divorce granted by the Family Court, Varanasi has been reversed and dismissal of the petition under Section 9 of the Hindu Marriage Act, 1955 (hereinafter called as "Act, 1955") filed by the respondent before the Family Court has also been reversed and her case has been allowed. The parties herein got married on 3rd May, 1990. The ceremony of 'Gauna' was performed in 1991. Appellant is serving in the Army and respondent is serving as a teacher. There was no proper opportunity for both of them to lead a normal family life. Thus, differences arose and litigation started between the parties. The respondent-wife filed an Application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter called as "Cr.P.C."), before the Judicial Magistrate, Ist Class, Varanasi. The Magistrate vide order dated 10th May, 1995, allowed the said application by directing the appellant to pay the respondent-wife a sum of Rs.400/- p.m. as maintenance. She also filed Case Crime No.131