P.N. Bakshi, J.

1. An application was filed by Shrimati Maya Devi under Section 488 CrPC claiming maintenance allowance from her husband. Her case was that she was the legally married wife of Ishwar Singh Tyagi that her husband had developed illicit relations with one Shrimati Kashmiri the wife of Rohtash Gusain of his village. When she complained to her husband, he beat her, deprived her of all ornaments and clothes and left her at her father's house. The opposite party had failed to maintain her. He has .100 Big has of land of which the annual income is Rs. 40,000/-. Shrimati Maya Devi claimed maintenance allowance of Rs. 500/- per month.

2. These allegations were denied by the opposite party Ishwar Singh. He denied his illicit connection with Shrimati Kashmiri. He also denied having deprived Shrimati Maya Devi of her ornaments and clothes. His case was that Shrimati Maya Devi had gone to her father's place in order to join the marriage of his younger sister. He went to her house a number of times to call her but she did not come with him. Ishwar Singh admitted that he had only 50 Bighas of land but he denied [his liability to maintain his wife. The Stub Divisional Magist