I.A. Ansari, J.

1. This revision has raised a very interesting question of law and the question is this: Whether a wife can seek maintenance from her Husband, under Section 125, Code of Criminal Procedure, even if she had lived in adultery and, if so, under what circumstances?

2. The question, posed above, has arisen out of the judgment and order, dated 26.6.2007, passed, in Criminal Revision No. 28(0)4/2006, whereby the learned Sessions Judge, Darrang, has directed, the present Petitioner, as husband of the opposite party herein, to pay to her maintenance @ Rs. 500 per month by setting aside the order, dated 11.7.2006, passed in Misc. Case No. 72/2005, by the learned Judicial Magistrate.

3. I have heard Mr. H.R.A. Choudhury, learned senior Counsel, appearing on behalf of the Petitioner, and Mr. M.H. Choudhury, learned Counsel, appearing on behalf of the opposite party.

4. While considering the revision, what needs to be noted is that it is not in dispute that both the parties to the maintenance proceeding are Muslim by faith and a valid marriage, (sic) of the Muslim personal law, was solemnized between them. It is also not in dispute that following their marriage, (sic) the pa