ORDER :- This is an application in revision against the order of the Sessions Judge of Hardoi dismissing an application in revision against an order passed by a Magistrate, first class Hardoi refusing to order payment of maintenance on an application made by one Smt. Chameli against her husband under S. 438, Criminal P.C.

2. Smt. Chameli who claims to be the wedded wife of the opposite party made an application to a Magistrate, first class Hardoi, asking for an order against the opposite party for maintenance as the opposite party had neglected to maintain her. The applicant was married to the opposite party more than 25 years ago, but shortly after the marriage the opposite party refused to keep the applicant in his house and agreed to pay maintenance to her. An agreement dated 19-3-1928, was executed by the applicant in favour of the opposite party relinquishing her rights against the opposite party who agreed in return to pay maintenance at the rate of Rs. 150/- per annum. This amount was paid for some time. A suit was, however, brought in 1938 for arrears of maintenance on the basis of this deed of agreement for the period from 1-3-1937, to 31-8-1938. This suit ended in a compro

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