JUDGMENT

Venkataramiah, J. - The short question which arises for consideration in this case is whether a Magistrate before whom an application is made under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') can make an interim order directing the person against whom the application is made under that section to pay reasonable main tenancy to the applicant concerned pending disposal of the application.

2. In the instant case, the petitioner was an applicant under section 125 of the Code before the Metropolitan Magistrate, Delhi. In her application, she prayed for an order against her husband directing him to pay maintenance to her. Immediately after she filed the said application, she made another application before the Magistrate for an interim order directing her husband to pay some reasonable sum by way of maintenance pending disposal of the main application. The learned Magistrate declined to make such an interim order on the ground that there was no express provision in the Code enabling a Magistrate to pass such an order. Aggrieved by the said order the applicant has filed this special leave petition under Article 136 of the Constituti