ORDER :- This criminal revision arises out of proceedings for maintenance under S.488, Criminal P.C. The Courts below have agreed in holding that Smt. Siddiqunnissa and her three minor children, Ilias, Ishaq and Mushtaq were entitled to get maintenance allowance of Rs.30/- per month from Shamsher Khan, the husband of Smt. Siddiqunnissa and the father of the minors. They overruled the defence which was to the effect that the application was not bona fide; that there was no refusal on the part of the husband to maintain the wife; that he never ill-treated her or her children and that he is an old man of 65 and has no source of income. The learned Magistrate accepted the version of the claimants, namely, that Shamsher Khan used to chastise Smt. Siddiqunnissa and refused to maintain her or the children; that he has landed property, a grove and a cycle shop at Purwa and that he receives a certain amount of income from Bombay. He summed up his findings thus :

"Thus going through the entire evidence produced by the parties I am of opinion that Shamsher Khan lived with the wife of his Sarhoo Yaqub Khan and as such refused to maintain the applicants and that he has a cycle shop and some land

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