ORDER :

1. We have heard learned counsel for the parties.

2. The petitioner had applied for maintenance under Section 125 of the Code of Criminal Procedure, 1973. The Trial Judge had awarded maintenance of Rs. 4,000/- per month.

3. Feeling aggrieved, the respondent-husband preferred revision petition in the High Court. By the impugned judgment and order dated 17.12.2014, the High Court observed that the Trial Court has not given the finding that the petitioner was unable to fend for herself, therefore, she is not entitled for maintenance.

4. It is submitted by learned counsel for the respondent - husband that there is already a decree of judicial separation and in view of Section 125(4) of the Code of Criminal Procedure, 1973, the petitioner is not entitled to any maintenance. We are noting this argument only to reject it since we find no substance in this argument. If a divorced wife is entitled for maintenance there is no reason why a wife who is judicially separated is not entitled for maintenance.

5. We are also unable to subscribe to the view of the High Court that merely because the Trial Court has not given a finding that the petitioner is not able to look after herself, therefor