R.S. Garg, J.

1. The applicant-wife being unsuccessful before the two Courts has come to this Court under Section 482, Cr. P.C. making a complaint that the two Courts did not appreciate the law properly, erred in not appreciating that the delay in making the application under Section 125, Cr. P.C. would not defeat the justice for would frustrate the right which the law confers on destitute wife.

2. The applicant-wife made an application before the Judicial Magistrate, First Class under Section 125, Cr. P.C. inter alia pleading that the applicant was legally wedded wife of the non-applicant, out of the wed-lock the parties were blessed with a child who was about 20 years of age on the date of maintenance application, the husband was ill-treating the wife and had also developed illicit relationship with one Sukwaro Bai. The applicant when raised objection, she was beaten and was turned out of the house. She also pleaded that she was unable to maintain herself; she had become very weak; her legs had oedema and she was under the treatment of the doctor. She also pleaded that the non-applicant/husband was well-to-do man; his yearly income from agriculture was Rs. 40,000/-; being enga