( 1 ) THE present writ petition has been filed by Smt. Shashi Kala for quashing the orders dated 28. 1. 2002 and 1. 8. 2003 passed by the Courts below by which the courts have refused to award maintenance allowance to her.

( 2 ) COUNTER affidavit, rejoinder affidavit and affidavit regarding the facts of the case have been filed.

( 3 ) HEARD Sri Rupak Chaubey, learned counsel for the petitioner, Sri M. D. Singh Shekhar, learned counsel for the respondent, learned A. G. A. for the State and perused the entire record.

( 4 ) THE facts of this case are not only peculiar but also constitute breach of mutual trust. The petitioner appeared to have refused the company of her husband on the ground that there was alleged demand of dowry, that harassment and torture was extended to her in this regard. The criminal case relating to the alleged offence is pending. It is further alleged by the petitioner that her father-in-law Daya Shankar forced her to have illicit relation with him but she refused to do so. She was pregnant. Her father-in-law got her admitted in the hospital where her pregnancy was terminated. The husband of the petitioner filed divorce suit wherein the petitio