In this revision filed by the wife, the twin questions that arise are :

(i) Whether the wife is entitled to invoke Section 125, Cr.P.C. for grant of maintenance in a case where the husband fails to pay the monthly agreed amount under an agreement entered into between the parties for their living separately consequent upon certain differences that arose between them; and

(ii) If the agreement entered into between the spouses for their living separately is committed breach of by non-payment of agreed monthly amount to the wife, whether the remedy open is only by way of a suit for specific performance of the agreement.

2. The facts of the case in brief are :

The respondent is the husband of the petitioner herein. Their marriage as per Hindu rites took place on 4-5-1961. After the marriage they lived amicably for some time. Two female children were born to them. Thereafter, differences arose. Both of them agreed to live separately. An agreement (Ex.P. 3) dated 12-10-1971 was entered into between them. Under the agreement, the husband agreed to pay the wife Rs. 50/- per month. The husband paid as that rate up-till 1985 and thereafter did not pay. Therefore, the wife filed M.C