(1.) This revision is directed against the order dated Sept. 28, 1982 by Sri N.S. Shamshery, learned III Addl. Sessions Judge, Varanasi in Criminal Revision No. 134 of 1982. The revision was allowed and the order of the learned Magistrate dated April 7, 1982 was set aside with the result that application of revisionist for maintenance allowance stood dismissed.
(2.) Facts given below are admitted to the parties.
(3.) The revisionist married Basant Lal, opposite party No. 1 in 1949; the daughter who was the first issue of this union expired and one son Om Prakash who is major now is alive. The revisionist filed an application for maintenance on July 18, 1978. The maintenance was claimed from Feb. 3, 1970 for herself and her adult son Om Prakash at the rate of Rs. 500 per month.