K. Hema, J.

A petition was filed by the petitioner herein before the Magistrates Court, claiming maintenance to herself under S.125 of the Code of Criminal Procedure ('the Code' for short). The application was allowed and respondent was directed to pay an amount of Rs.500/- per month as maintenance to the petitioner as his wife from the date of petition. The said order was challenged in revision before the Sessions Court. It was allowed, setting aside the order of the Magistrate's Court. The legality, propriety and correctness of the said order are challenged in this revision.

2. The relevant facts, in brief, are as follows: The respondent married petitioner at Vythiri Sub Registrar's Office, Their's was a love marriage. They executed an agreement of marriage also, as Exhibit P1. They lived as husband and wife in several places and a child was born in the wedlock. The child is in the custody of the respondent. The respondent was originally working in a parallel College and later he obtained a job in a Bank. Thereafter, their relationship was strained. They separated after a long period of cohabitation as husband and wife. The respondent thereafter, neglected petitioner an