JUDGMENT

K.J. Vaidya, J. - Here in this criminal revision application there arises two important questions for my consideration. They are Firstly "Whether the husband who has been ordered to pay the maintenance under Sec. 125 of the Criminal Procedure Code. 1973 to his wife and the child by the learned Magistrate and has in fact by this time indisputedly continuously paid the same and that too in all to the tune of Rs. 35,000/- but then incidentally enough as the misfortune would have been by sheer stroke of ill-luck he becoming the victim of the hostile circumstances beyond his control rendered unemployed with no bank balance or any other property at hand to fall back-upon rather too poor and accordingly as a result was unable to pay and started committing default after default every month in paying regular maintenance amount accumulating into arrears ultimately rising beyond reach amount of Rs. 17,000/- can he under such no-fault bewitching circumstances be straightway fastened with the rough and ready allegation that he intentionally did not pay the maintenance ordered without there being any "just and sufficient-cause" and as an offshoot consequently necessitating the ultimate