N.K. Singh, J.

This revision is directed against the order dated 16th January 1981, of the Sessions Judge, Guna, setting aside the order dated 7th March 1980, passed by the Judicial Magistrate First Class, Raghogarh, under section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the 'Code') directing the non-petitioner-husband-Sher Khan (hereinafter referred to as the 'husband') to pay Rs. 75 as maintenance allowance to the petitioner-wife-Bilquis Bai (hereinafter referred to as the 'wife'), and dismissing the application for maintenance filed by the wife.

The facts, relevant for the disposal of the revision petition, are as follows:-

(i) The parties, who are Muslims, were married in the year 1973, after which the wife came to live with her husband at the latter's place at village Kumbhraj. However, from time to time, she used to visit per parents residing at Raghogarh. In January 1975, the wife went to her parents' house and thereafter sent the notice dated 16th April 1976 (Copy, Ex. P. 1), to the husband alleging that he had neglected to maintain her, and asking him either to fetch her back and to maintain her properly or to make the payment of Rs. 3100 settled as 'Mehar' at the time of 'Nikah'. On receipt of the notice, the husband brought the wife back from her parents' place at Raghogarh, and persons, named, Chand Mohammed (N. A. W. 1) and Jamil Khan, stood as sureties for her proper upkeep by the husband. However, after she had resided with her husband for about two and a half months, her father again took her back to his place at Raghogarh.

(ii) On 28th April 1977, the wife filed the application for maintenance before the Judicial Magistrate First Class, Raghogarh, under section 125 of the Code, and a sum of Rs. 100 per month was claimed as maintenance allowance, on the allegations, inter alia, that the husband was earning about Rs. 500 per month from tailoring and had neglected to maintain her. It was also alleged that while she was living with the husband, she was often beaten and ill-treated by him.

(iii) In the reply filed thereto, the husband denied the allegations adverse to him and made the counter allegation that it was his father-in-law Gafoor Khan, who wanted to keep Bilquis Bai at his place, since she added to the family income by preparing bidis. It was also contended that the wife was in good health and was able to maintain herself by preparing bidis at her father's place.

(iv) Four persons, including the petitioner and her father Gafoor Khan were examined as the witnesses on behalf of the wife and one Chand Mohammed, as the witness, on behalf of the husband before the Judicial Magistrate First Class, Raghogarh. Upon an assessment of the evidence adduced before him, the learned Magistrate passed the order dated 17th March 1980, directing the husband to pay Rs. 75 per month as maintenance allowance to the wife. By the impugned order dated 16th January 1981 passed by the learned Sessions Judge, Guna, in revision, the order awarding maintenance allowance to the wife passed by the learned Magistrate, was set aside, on the sole ground that the wife had neither pleaded, nor proved, that she was unable to maintain herself. It was further held that the evidence adduced in the case disclosed that the wife, by preparing bidis, earned sufficiently, so as to maintain herself. Accordingly, the application for grant of maintenance allowance was dismissed in revision.

The learned counsel for the wife, in course of the arguments before me, challenged the finding of the learned Sessions Judge to the effect that the wife was able to maintain herself, and, as such, was not entitled to claim any maintenance from the husband. Arguments were also advanced on the point, as to whether the burden of proof of the wife's inability to maintain herself lay on the wife, or, the husband, or both? further, on the requirements of the pleadings in this regard.

So far as the legel aspect of the matter is concerned, the le