( 1 ) I have heard Sri Haidar Husain learned counsel for Smt. Rehana and also Sri Y. M. Zaidi, learned counsel for Mushtaq Ahmad at a great length. I have also heard Sri A. K. Dev edi, learned counsel for the State.

( 2 ) THIS instant case speaks volumes about the devious methods adopted by Mushtaq Ahmad, husband of unfortunate and deserted wife and Smt. Rehana her three minor children depriving her and her children from getting maintenance from her husband awarded by the learned Magistrate.

( 3 ) SMT. Rehana filed an application under section 125 Cr. P. C. on her behalf and on behalf of her three minor children on 5. 4. 82 before the learned Magistrate, Muzaffarnagar praying maintenance allowance of Rs 500/- per month from her husband, Mustaq Ahmad appeared before the court on receipt of the notice and he took six adjournment from the court for filing written statement but he did not file the same and thereafter absented himself from the Court on the date of hearing. The learned Magistrate therefore, passed an ex-parte order on 31st July 1982 awarding Rs, 500/- per month as maintenance allowance from her husband Mushtaq Ahmad. The said ex parte order was set aside