JUDGMENT

V.P. Mathur, J. - The admitted facts of the matter are that Pramod Kumar Mittal and Smt. Kanchan Devi were married sometime in the year 1973. Four daughters were born. Presently the wife is living at Aligarh with her father. She moved an application which gave rise to criminal case No. 194/11 of 1981 against Pramod Kumar Mittal purporting to be under section 125 Cr. P.C. at Aligarh asking for a maintenance allowance of Rs. 400/- per month. A compromise was entered into between the parties and as a result thereof a sum of Rs. 200/- per month was fixed as maintenance allowance. Subsequently on 10.12.1984 an application purporting to be under section 127 Cr. P.C. seeking enhancement in the amount of maintenance allowance was filed by Smt. Kanchan Devi, which was registered as criminal case No. 83 of 1985. This petition was, however, dismissed on 14-4-1986, which was the date fixed for her evidence, because she did not present herself in the court on that date. Then a restoration application was moved before the Chief Judicial Magistrate, Aligarh and vide order dated 29-8-86 the Chief Judicial Magistrate, Aligarh directed the restoration of this petition under section 127 Cr.