JUDGMENT :

A.K. Sikri, J.

1. Leave granted.

2. Marriage between appellant and Respondent No. 1 was solemnized on February 17.2006. In May, 2007, one son was born out of this wedlock. It is the case of the appellant that on account of cruel conduct of Respondent No. 1 towards her, she was constrained to leave her matrimonial home along with her child on January 04, 2008 and since she was living at her parental home and no maintenance amount was paid to her by her husband, she was constrained to file a petition under Section 125 Cr.P.C. claiming maintenance for herself and her minor child.

3. Both the parties led their evidence, the trial court found that Respondent No. 1 is a railway employee and is getting a salary of Rs. 16,000/- per month from the railway department. That fact is not in dispute. Keeping in view the aforesaid income of Respondent No. 1, the trial court awarded maintenance of Rs. 4,000/- for the appellant and Rs. 4,000/- for the child.

4. Respondent No. 1 challenged the aforesaid order by filing criminal revision petition in the High Court and the High Court has allowed the said petition thereby quashing the order of the trial court granting maintenance. The reason give