( 1 ) THIS is a reference under section 438, Criminal Procedure Code by the District and Sessions Judge, Adilabad to revise the order of the Munsif-Magistrate bhainsa in M. C. 36 of 1966 passed on an application under section 488, criminal Procedure Code claiming maintenance. The petition was filed by Waheeda Bi (hereinafter referred to as the petitioner), against her husband Khazi Ahmed Mohiuddin (hereinafter referred to as the respondent) alleging that she was the legally wedded wife of the respondent and through him had three sons and one daughter, that the respondent has been habitually illtreating her for the past ten years and had driven her out of the house and she was being maintained by her brother, that when the elders intervened, the respondent gave one of his lands at Naigoan for the purpose of her maintenance, that during the last Ugadi the respondent did not permit her lessee to cultivate and began cultivating the lands himself and was refusing to give anything towards her maintenance also, that he has considerable lands in several villages fetching an income of Rs. 4,000 a year, besides his income of Rs. 500 as a Khazi and a pension of Rs. 22 per month as retired tea

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