1. This application under Section 482 of Cr. P.C. is directed against the order dated 29.1.98, in Cr. Rev. No. 43/94, by Ist. A.S.J. Durg, affirming the order dated 20.1.94 in Cri. Case No. 72/93, by Judicial Magistrate First Class, refusing to grant maintenance to the petitioner/wife.

2. The petitioner/wife who was married to the non-applicant/husband about 30 years prior to the filing of the application had four daughters from him, alleged that the non-applicant/husband has refused to maintain her for the last 12 years, and that she is unable to maintain herself, as she is a labourer. It was alleged by her that the non-applicant/husband had developed illicit relations with another woman, on account of which, he started misbehaving and torturing the petitioner/wife and turned her out from his home.

3. The learned Judicial Magistrate First Class before whom application u/s 125Cr.P.C. was filed, has found that there was no justification for the petitioner/wife to live separately from the non-applicant/husband, and that the non-applicant/husband has no means to maintain the petitioner/wife. It was further held that the petitioner/wife had sufficient means to maintain herself, a