( 1 ) THIS criminal revision is directed against the order of the Chief Judicial Magistrate, Dharwar, in a petition under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code), filed by the respondent-1 (Mehrunnisa) granting her maintenance of Rs. 60/- per month.

( 2 ) BEFORE the learned Magistrate, Mehrunnisa and her son Ismail Khan filed the petition alleging that Mehrunnisa was married with Mohamad Khan Haneef Khan some time in 1954, but soon-thereafter the husband started beating the wife and committed other acts of cruelty with the result that Mehrunnisa is staying with her parents. According to the respondents-petitioners, since the petitioner-respondent refused or neglected to maintain them, they were entitled to claim maintenance to the extent of Rs. 300/- per-mensem as the annual income of the husband was rupees 12,700/ -. The petitioner-respondent took the plea that Mehrunnisa became unchaste soon-after marriage. Therefore, the husband divorced her As such, according to her personal law, she was not entitled to claim maintenance. It was also stated, inter alia, that the husband was not a person of sufficient means. As su