1. - This is a miscellaneous petition under Section 125 Cr. P.C. against the judgment dated 18-10-1986, passed by the Additional Sessions Judge No. 2, Kota, where he confirmed the order passed by the Addl. Chief Judicial Magistrate No. 2, Kota dated 23rd August, 1986 rejecting the application of the non-applicant under Section 125 Cr. P.C.

2. Mr. Bhargava learned Counsel for the petitioner and Mr. Gupta for the non-petitioner prayed that instead of deciding the case for grant of interim maintenance the application for reviewing the entire case may be decided as the points raised are very short.

3. I have given the thoughtful consideration to the rival contentions of the learned Counsel for the parties and gone through the judgment of the lower courts. There is no doubt and it is common ground that the husband and wife are living separately and litigation is going on between them as admitted by Mr. Gupta on the ground of cruelty of the wife and the same is also pending. In view of the above bedrock the consideration of application for maintenance is well founded. The only question is whether the husband has got sufficient means to pay maintenance as contemplated by Section 12